Claims for income replacement and medical benefits dismissed; insurer's claim for repayment also dismissed.
The applicant was injured in a motor vehicle accident and sought income replacement benefits, medical and rehabilitation benefits (including a Tempur mattress and a lightweight laptop), and a neuropsychological re-assessment.
The arbitrator found that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment, as she continued to work and earn similar income post-accident.
The claims for the mattress, laptop, and re-assessment were dismissed as they were not proven to be reasonable and necessary.
The insurer's claim for repayment of advances was also dismissed due to lack of proper notice within the 12-month limitation period.
D. F. v. Wawanesa Mutual Insurance Company, 2006 ONFSCDRS 140
