Insurer ordered to pay income replacement benefits and a $10,000 special award for unreasonably withholding payments.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs), transportation expenses, and the cost of a medical assessment.
The insurer denied the benefits, arguing the applicant had returned to work and did not meet the disability tests.
The arbitrator found the applicant suffered a substantial inability to perform her pre-accident employment for the first 104 weeks and a complete inability to engage in suitable employment thereafter until she commenced a new career.
The arbitrator awarded the IRBs, transportation expenses, and assessment costs.
Furthermore, the arbitrator ordered the insurer to pay a $10,000 special award because it unreasonably withheld IRBs by failing to have its accountant review updated financial information that would have revealed flaws in its initial denial.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 6, 2014
