Appeal of decision terminating weekly income benefits dismissed; appellant failed post-156 week test.
The appellant was injured in a motor vehicle accident and received weekly income benefits for over 156 weeks.
The insurer terminated benefits, and an arbitrator upheld the termination, finding the appellant did not meet the post-156 week test of being continuously prevented from engaging in suitable employment.
On appeal, the appellant argued the arbitrator erred in law by focusing on whether she suffered a head injury, relying on hearsay evidence, and failing to properly analyze suitable employment options.
The Director's Delegate dismissed the appeal, finding the causation issue was properly before the arbitrator, the reliance on hearsay was permissible, and the arbitrator's conclusions were supported by the evidence.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 13, 1999
