Appeal for income replacement benefits dismissed as the Arbitrator's preference for insurer's medical evidence was not an error of law.
The Appellant appealed an Arbitrator's decision dismissing his claim for income replacement benefits (IRBs) beyond 104 weeks following three motor vehicle accidents.
The Arbitrator had found that the Appellant failed to prove he was unable to return to his pre-accident employment under the 'own occupation' test, and consequently failed the more onerous 'any occupation' test.
On appeal, the Director's Delegate held that the Arbitrator made no error of law, as the Arbitrator's preference for the insurer's medical evidence over the Appellant's experts was a non-appealable finding of fact.
The appeal was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 26, 2009
