Insurer ordered to pay ongoing weekly income benefits and a special award for unreasonably terminating benefits.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them.
The applicant sought ongoing weekly income benefits under the post-156 week test, arguing that chronic low back pain and depression prevented her from working as a registered nursing assistant or in any other suitable occupation.
The arbitrator found that the applicant's accident-related pain and disability remained the main reason for her depression and inability to work.
The arbitrator also found that the insurer's exclusive reliance on labour market surveys to terminate benefits was unreasonable, given the consensus that her recovery was prolonged by psychological factors.
The applicant was awarded ongoing weekly income benefits and a special award of $3,000.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 20, 1996
