Insurer's termination of income replacement benefits upheld as DAC assessment substantially complied with guidelines.
The applicant was injured in a motor vehicle accident and received income replacement benefits.
The insurer terminated these benefits based on a Disability Designated Assessment Centre (DAC) report.
The applicant argued the DAC assessment was flawed and did not comply with the guidelines, seeking reinstatement of benefits.
The arbitrator found that the DAC assessment substantially complied with the guidelines and that the termination was valid under section 37 of the Schedule.
The arbitrator also held that the insurer was entitled to conduct further reasonably necessary medical examinations under section 42 to determine entitlement to post-104 week benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 27, 2003