Arbitrator awards limited accident benefits and a special award for delayed payments despite applicant credibility issues.
The Applicant was injured in a motor vehicle accident and sought statutory accident benefits, including weekly childcare and medical/rehabilitation benefits, after the Insurer terminated them.
The Arbitrator found the Applicant lacked credibility regarding her pre-accident activities and initial disability, denying weekly benefits for the period immediately following termination.
However, the Arbitrator accepted that a subsequent disc herniation and sciatica exacerbation were causally related to the accident, awarding weekly benefits for a limited period in 1995.
The Arbitrator also awarded various medical and rehabilitation expenses and ordered a $500 special award against the Insurer for unreasonably delaying certain payments.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 29, 1997