The Applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the Insurer.
The parties attended mediation and the Insurer paid $750, which it claimed was a full and final settlement of all past and future weekly income benefits.
The Applicant argued the settlement only covered benefits up to the date of mediation.
On a preliminary issue hearing, the Arbitrator found that the mediator's report was ambiguous and there was no clear agreement or release extinguishing the Applicant's right to future benefits.
The Arbitrator concluded there was no meeting of the minds regarding the scope of the settlement, and allowed the Applicant to proceed to arbitration for ongoing benefits.
