Claim for ongoing weekly income benefits dismissed as applicant was capable of suitable light-duty employment.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, arguing the applicant did not meet the stricter disability test under section 12(5)(b) of the Statutory Accident Benefits Schedule.
The arbitrator determined that the 156-week period refers to 156 weeks of disability, not 156 weeks from the accident date.
On the merits, the arbitrator found that while the applicant could not return to his heavy pre-accident work as a millwright, he had transferrable skills and was capable of engaging in suitable light-duty employment.
The claim for ongoing weekly income benefits was dismissed.
The arbitrator also denied the applicant's claim for a special award, finding the insurer did not unreasonably withhold payments, but awarded the applicant his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 15, 1997
