Claim for ongoing weekly income benefits dismissed as applicant could perform essential tasks of employment.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them.
The applicant sought arbitration for ongoing weekly income benefits, claiming an inability to perform his pre-accident duties as a health care aide due to back pain.
The arbitrator reviewed medical evidence and the physical demands of the occupation, concluding that the applicant did not suffer a substantial inability to perform the essential tasks of his employment.
The claim for ongoing weekly income benefits was dismissed, though the applicant was awarded arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 17, 1995
