Appeal of arbitration decision denying weekly income benefits dismissed; arbitrator's preference for specialist evidence upheld.
The appellant appealed an arbitration decision denying his claim for weekly income benefits following a motor vehicle accident.
The appellant argued the arbitrator failed to give proper weight to evidence of a flare-up of back problems and a bulging disc.
The Director's Delegate dismissed the appeal, finding that the arbitrator properly weighed the evidence, preferring the uniform opinions of several orthopaedic specialists over the appellant's general practitioner.
The arbitrator's conclusion that the appellant was not substantially unable to perform the essential tasks of his pre-accident work was supported by the evidence.
No appeal expenses were awarded.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 4, 1996
