Claims for statutory accident benefits dismissed where applicant failed to attend and insurer's medical evidence preferred.
The applicant sought statutory accident benefits following a motor vehicle accident, including medical benefits, housekeeping expenses, and a special award.
Despite the applicant's failure to attend the hearing, his counsel proceeded.
The arbitrator dismissed the claims for medical benefits, preferring the evidence of the insurer's medical experts who conducted physical examinations over the applicant's expert who only performed a paper review.
The arbitrator also found that the treatment facility had overbilled for the duration of sessions.
The claims for housekeeping and a special award were dismissed due to lack of evidence and the finding that no benefits were unreasonably withheld.
The insurer was awarded its arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 1, 2008