Applicant awarded income replacement benefits for whiplash injury preventing return to demanding bartending job.
The Applicant was injured in a motor vehicle accident and sought income replacement benefits after the Insurer terminated them.
The Insurer argued the Applicant could return to her pre-accident employment as a bartender.
The Arbitrator found the Applicant suffered a Grade II whiplash injury and was substantially unable to perform the essential tasks of her demanding pre-accident job, which included repetitive bending, reaching, and lifting.
The Applicant was awarded income replacement benefits and interest, but was ordered to pay the Insurer's arbitration expenses for the first day of the hearing due to her failure to appear.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 13, 2001