Insured entitled to ongoing income replacement benefits due to accident-related chronic pain and depression.
The applicant was injured in a motor vehicle accident and received weekly income replacement benefits until the insurer terminated them.
The applicant sought arbitration for ongoing income replacement benefits, supplementary medical benefits for physiotherapy, and a determination on the availability of collateral long-term disability benefits.
The arbitrator found that the applicant was substantially unable to perform the essential tasks of her employment due to chronic pain and depression caused by the accident.
The arbitrator awarded ongoing income replacement benefits, partially granted the claim for physiotherapy expenses, and found that long-term disability benefits were not available to reduce the weekly benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 15, 1998