Application for accident benefits dismissed after applicant failed to attend hearing; costs awarded to insurer.
The applicant sought income replacement benefits and the cost of medical examinations following a motor vehicle accident.
The applicant failed to attend the arbitration hearing.
The arbitrator proceeded in his absence and found that the applicant had returned to full-time employment and earned in excess of the claimed benefit amount.
The arbitrator accepted the insurer's independent medical examination and rejected the applicant's medical reports due to factual errors and omissions.
The application was dismissed, and the applicant was ordered to pay the insurer's legal expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 19, 2007
