The union grieved the insurer's decision to terminate the complainant's long-term income protection (LTIP) benefits.
The insurer had determined that the complainant was no longer totally disabled and could return to work.
The arbitrator reviewed extensive medical documentation, including independent medical examinations and reports from treating physicians, which diagnosed the complainant with chronic pain syndrome.
The arbitrator found the complainant to be a credible historian whose subjective reporting of debilitating symptoms was supported by her treating physicians.
The arbitrator concluded that the complainant was unable to perform the essential duties of any occupation for which she was reasonably fitted, and therefore met the definition of total disability for the 'any occupation' period.
