Insurer ordered to pay ongoing income replacement benefits to self-employed baker disabled by head-on collision.
The applicant, a self-employed baker and greenhouse operator, was injured in a head-on motor vehicle collision.
The insurer terminated her income replacement benefits at the 104-week mark, arguing she was no longer disabled and seeking repayment for allegedly overstated pre-accident income.
The arbitrator found the applicant remained substantially disabled from the essential tasks of her pre-accident employment, relying heavily on compelling lay witness testimony regarding her post-accident cognitive and physical decline.
The arbitrator also accepted the applicant's evidence regarding her pre-accident earnings, setting the ongoing benefit at $634.82 weekly and ordering the insurer to pay $34,233 in arrears.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 23, 1999
