Insurer's appeal dismissed; income replacement benefits reinstated and special award upheld due to unreasonable delay.
The insurer appealed an arbitration decision that reinstated the insured's income replacement benefits and ordered a $7,500 special award.
The insured developed spasmodic torticollis following a rear-end motor vehicle accident.
The Director's Delegate upheld the arbitrator's refusal to stay the hearing for a late-scheduled independent medical examination, finding the insurer's delay unreasonable.
The Delegate also affirmed the arbitrator's conclusion that the accident materially contributed to the insured's condition, and upheld the special award on the basis that the insurer unreasonably relied on a qualified Designated Assessment Centre report without arranging necessary neurological follow-up.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 25, 1999
