Arbitrator adjusts RECDAC finding to part-time capacity and upholds insurer's use of LECB rollover provision.
The applicant was injured in three motor vehicle accidents.
She applied for statutory accident benefits.
The insurer relied on section 21(9) of the Schedule to delay making a loss of earning capacity benefit (LECB) offer until two years after the second accident.
A RECDAC assessment concluded she could work full-time as a parking lot attendant.
The arbitrator found the applicant to be an unreliable historian due to her failure to disclose a significant pre-accident history of workplace injuries.
However, based on the medical evidence, the arbitrator found she suffered significant psychological and physical impairments.
The arbitrator concluded the RECDAC overestimated her functional abilities, finding she could only work part-time as a parking lot attendant.
Claims for acupuncture and a special award for delay were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 27, 2000
