Claims for ongoing weekly income and chiropractic benefits dismissed; applicant ordered to repay overlapping income benefits.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated weekly income benefits, and the applicant sought arbitration for ongoing income benefits, chiropractic expenses, and transportation expenses.
The arbitrator found that the applicant, who had a pre-existing back condition, was capable of returning to his modified duties as a mail service courier by October 1993.
The arbitrator also concluded that ongoing daily chiropractic treatments two and a half years post-accident were no longer reasonable or necessary.
The applicant's claims for ongoing benefits were dismissed, and he was ordered to repay 14 weeks of income benefits to the insurer, as he had received overlapping disability benefits from another source.
The applicant was awarded the expenses of the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 18, 1994
