Weekly income benefits reinstated but reduced by income available from part-time employment.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, arguing she was capable of returning to work.
The arbitrator found that while the applicant suffered from chronic pain and was disabled from full-time work commensurate with her background, she was capable of part-time employment.
The arbitrator ordered the resumption of weekly income benefits but allowed the insurer to deduct 80% of the income available from part-time employment under section 15 of the Schedule.
The applicant was also awarded certain rehabilitation expenses, but her claim for a special award was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 7, 1996
