Claims for ongoing weekly benefits and chiropractic expenses dismissed as applicant failed to prove substantial inability.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them, claiming she no longer met the eligibility test.
The applicant sought arbitration for ongoing weekly benefits and supplementary medical and rehabilitation benefits for chiropractic care.
The arbitrator found that while the applicant continued to experience discomfort and a minor disability, she had not established a substantial inability to perform her essential tasks.
The arbitrator also concluded that prolonged, open-ended chiropractic treatments were not reasonable or necessary.
The claims for ongoing benefits were dismissed, but the applicant was awarded her arbitration expenses as the application was not frivolous.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 21, 1994
