Insurer ordered to pay ongoing accident benefits and a special award for unreasonably ignoring medical evidence.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer terminated her income replacement benefits after 16 weeks, arguing her injuries were limited to a WAD II neck injury.
The arbitrator found that the applicant suffered from a psychological impairment and chronic pain syndrome directly resulting from the accident, entitling her to ongoing income replacement benefits, housekeeping expenses, and the cost of a psychological assessment.
The arbitrator also awarded a special award against the insurer, finding it acted unreasonably by maintaining a closed mind and ignoring cogent medical evidence, including its own insurer's examination, that supported the applicant's claim.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 16, 2007
