Application for post-156 week income benefits dismissed; applicant failed to prove inability to perform any suitable 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 no longer met the stricter disability test under section 12(5)(b) of the Statutory Accident Benefits Schedule.
The arbitrator found that while the applicant suffered from chronic back pain and might be disabled from his pre-accident heavy manual job, he failed to prove that his injuries continuously prevented him from engaging in any occupation or employment for which he was reasonably suited by education, training, or experience.
The application for further weekly income benefits was dismissed, but the insurer was ordered to pay the applicant's arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 12, 1996
