Claims for income replacement and medical benefits dismissed as applicant failed to prove accident-related impairments.
The applicant was struck by a vehicle while crossing a street and sought income replacement benefits (IRBs) and medical benefits from her insurer.
The insurer terminated IRBs and denied further medical benefits.
At arbitration, the applicant claimed physical and psychological impairments, relying on a multi-disciplinary assessment.
The arbitrator rejected the applicant's expert psychological evidence, noting the assessors had little to no contact with the applicant and their conclusions were inconsistent with her failure to seek psychological treatment and her academic achievements post-accident.
Finding no physical or psychological impairments caused by the accident, the arbitrator dismissed the claims for IRBs, medical benefits, and a special award.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 30, 2018
