Applicant precluded from pursuing caregiver benefits after failing to make herself reasonably available for DAC assessment.
The applicant was injured in a motor vehicle accident and received caregiver benefits, which the insurer subsequently terminated.
The applicant requested a Designated Assessment Centre (DAC) assessment but failed to attend or remain for scheduled appointments.
The Arbitrator found that the applicant did not make herself reasonably available for the assessment, rejecting her explanations regarding her mental state and lack of written notice.
As a result, the applicant was precluded from receiving caregiver benefits from the date of termination until she attends a DAC assessment, and barred from pursuing her claim at the upcoming arbitration if she fails to attend before then.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 1, 2002
