When can an insured person continue to work after the 104 week period?
Ontario, Canada
The following excerpt is from M.R. v. Allstate Insurance Company, 2019 CanLII 110112 (ON LAT):
The applicant challenged my order by arguing that her ability to work after the 104-week mark should not disentitle her to an ongoing income replacement benefit. Specifically, the applicant cited 16-002000 v. Jevco Insurance[4] and 16-000082 v. Echelon General Insurance Company[5] for the proposition that it is not enough for an insured person to be able to work after the 104-week mark, but they must be able to work in a predictable and reliable fashion. The applicant also noted that the five-month position she held following the 104-week mark was significantly different from her pre-accident employment.
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