Appeal of arbitration order terminating benefits and requiring repayment dismissed due to lack of credible evidence.
The appellant appealed an arbitration order that terminated his weekly income benefits, ordered him to repay $16,233.06 in overpaid benefits, and required him to pay the insurer's $1,000 assessment fee.
On appeal, the appellant sought to introduce new evidence regarding his pre-accident employment and challenged the arbitrator's credibility findings and preference for the insurer's medical experts.
The Director's Delegate dismissed the appeal, denying the admission of new evidence because it could have been obtained with due diligence and would not have affected the outcome.
The Delegate found no basis to interfere with the arbitrator's findings of fact, credibility assessments, or the conclusion that the appellant deliberately misled the insurer about his employment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 26, 1996
