Claim for weekly income benefits dismissed as applicant failed to prove ongoing physical or psychological disability.
The applicant sought weekly income benefits following a motor vehicle accident, claiming physical and psychological injuries, including post-traumatic stress disorder.
The arbitrator found that the applicant's physical injuries had resolved to the point where he was no longer substantially unable to perform the essential tasks of his employment.
The arbitrator rejected the diagnosis of post-traumatic stress disorder, preferring the evidence of the insurer's physiatrist.
Although the insurer improperly interfered with the applicant's physiotherapy treatment, no penalty could be assessed because no benefits were found to be owing.
The applicant's claim for weekly income benefits was dismissed, but he was awarded the expenses of the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 10, 1992
