Arbitrator dismisses claims for further accident benefits, finding injuries fell within WAD II Guideline.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, medical, and housekeeping benefits.
The insurer terminated benefits, arguing the applicant's injuries fell within the Pre-approved Framework Guideline for Whiplash Associated Disorder Grade II (WAD II).
The arbitrator found that the applicant's impairments did not fall outside the WAD II Guideline, relying on independent assessments and surveillance evidence showing the applicant working and driving.
The arbitrator dismissed the claims for further medical treatment, income replacement, and housekeeping benefits, and ordered the applicant to repay an overpayment of income replacement benefits.
The claim for a special award was also dismissed as the insurer acted reasonably.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 22, 2007
