Arbitrator dismisses claims for accident benefits and orders applicant to repay overpaid income replacement benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including rehabilitation benefits for university tuition, income replacement benefits (IRBs) beyond 104 weeks, attendant care benefits, and housekeeping services.
The arbitrator dismissed all of the applicant's claims, finding that her pursuit of a university degree was not a reasonable and necessary rehabilitation measure, and that medical evidence did not support her inability to engage in suitable employment.
Furthermore, the arbitrator ordered the applicant to repay $4,487.11 in overpaid IRBs, as she had failed to disclose her return to part-time work.
Piche (Loyst) v. Allstate Insurance Company of Canada, 2008 ONFSCDRS 37
