Income replacement benefits awarded for a closed period and set off against a previously rescinded settlement.
The applicant was injured in three motor vehicle accidents in 1995 and sought ongoing income replacement, caregiver, and medical benefits.
The arbitrator found the applicant's evidence regarding his pre-accident income and ongoing disability to be highly exaggerated and unreliable.
However, the arbitrator concluded the applicant was physically disabled from working as a paralegal for a closed period until January 1996 and awarded income replacement benefits for that period.
A special award was also granted because the insurer unreasonably required the self-employed applicant to prove a negative (that he was not earning post-accident income) before paying benefits.
As the total awarded was less than a $15,000 settlement previously paid and rescinded, the awarded amounts were set off against the settlement, and the applicant was ordered to repay the balance to prevent an abuse of process.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 20, 1998
