Accident benefits claims dismissed after applicant failed to attend hearing and prove ongoing disability.
The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits and payment for treatment expenses after the insurer terminated them.
The applicant failed to attend the arbitration hearing.
The arbitrator reviewed the insurer's evidence, including medical opinions indicating the applicant was capable of returning to work as a manicurist.
The arbitrator found the applicant failed to meet the burden of proving a substantial inability to perform the essential tasks of his employment or that the disputed treatment was reasonable and necessary.
The claims were dismissed, and the insurer was awarded its expenses for the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 19, 2004
