Applicant denied multiple loss of earning capacity benefit offers for successive motor vehicle accidents.
The applicant was involved in three motor vehicle accidents in 1995 and 1996.
He sought income replacement benefits and loss of earning capacity benefits (LECB) for the second and third accidents, arguing he was entitled to multiple LECB offers.
The arbitrator found that the applicant was substantially disabled by the first accident and that the subsequent accidents did not materially contribute to his disability.
The arbitrator also interpreted the Statutory Accident Benefits Schedule to mean that an insured is only entitled to one LECB offer for a qualifying disability, even if multiple accidents contributed to it.
The applicant's claims for additional benefits and a special award were dismissed, but he was awarded his arbitration expenses due to the novelty of the legal issues raised.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 12, 2002
