Insurer ordered to pay ongoing IRBs, medical benefits, and a $25,000 Special Award for unreasonable delay.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from her insurer.
The insurer terminated her income replacement benefits and denied medical and rehabilitation benefits, maintaining for nearly three years that her injuries fell within the Minor Injury Guideline (MIG).
The arbitrator found that the applicant suffered a substantial inability to perform her pre-accident employment and, post-104 weeks, a complete inability to engage in suitable employment due to chronic pain.
The arbitrator granted the claimed income replacement benefits, medical benefits, and costs of examinations.
Furthermore, the arbitrator awarded a $25,000 Special Award against the insurer, finding that it had unreasonably delayed and denied benefits by relying on patently flawed medical reports and ignoring credible evidence of the applicant's chronic pain.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 8, 2017
