Insurer ordered to pay ongoing accident benefits and a $10,000 special award for unreasonably terminating benefits.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them, relying on reports from its medical examiners.
The applicant sought arbitration for ongoing income replacement benefits, medical expenses, housekeeping services, and a special award.
The arbitrator found that the applicant suffered from severe depression and post-traumatic stress disorder caused by the accident, rendering her substantially unable to perform her employment tasks.
The arbitrator rejected the insurer's psychiatric expert as a partisan advocate and found the insurer acted unreasonably in terminating benefits despite overwhelming evidence of the applicant's psychological disability.
The applicant was awarded all claimed benefits and a $10,000 special award.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 12, 1999
