Insured entitled to ongoing weekly income benefits as chronic back pain prevented return to work.
The applicant was injured in a motor vehicle accident and received weekly income benefits, which were terminated by the insurer on the basis that he failed to make progress in a rehabilitation program.
The applicant applied for arbitration, arguing that chronic back pain prevented him from returning to his heavy physical job.
The arbitrator found the applicant credible and accepted medical evidence that the accident aggravated a pre-existing back condition, resulting in chronic pain.
The arbitrator concluded that the applicant's inability to perform the essential tasks of his employment was genuine and not due to a deliberate failure to cooperate in rehabilitation.
The applicant was awarded ongoing weekly income benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 5, 1992
