Income replacement benefits reinstated and special award granted due to insurer's unreasonable disregard of medical evidence.
The applicant was injured in a motor vehicle accident while riding his bicycle and subsequently claimed income replacement benefits.
The insurer terminated these benefits based on a Designated Assessment Centre report.
The arbitrator found that the applicant was substantially disabled from performing the essential tasks of his pre-accident employment, which included multiple labour-intensive part-time jobs.
The arbitrator preferred the evidence of the applicant's medical experts over the insurer's assessors.
Furthermore, the arbitrator awarded a $5,000 special award, finding that the insurer acted unreasonably by ignoring additional medical evidence that supported the applicant's claim.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 28, 1998
