The Applicant was injured in a motor vehicle accident and sought ongoing weekly income benefits under section 13 of the Statutory Accident Benefits Schedule after the Insurer terminated them.
The arbitrator found that the Applicant was capable of returning to her pre-accident activities by October 7, 1994, and was therefore entitled to benefits up to that date.
However, because the Applicant received Canada Pension Plan and Workers' Compensation benefits that exceeded her accident benefits entitlement, she was not owed any further payments.
Furthermore, the arbitrator ordered the Applicant to repay $1,100.00 in overpaid benefits to the Insurer and denied her costs of the arbitration due to her exaggeration of her pre- and post-accident condition.
