Appeal dismissed and cross-appeal allowed; insured ordered to repay interim benefits and excessive psychological treatment fees.
The appellant was injured in a 1993 motor vehicle accident and claimed ongoing weekly income benefits and psychological treatment expenses.
The insurer terminated benefits in 1997.
The arbitrator found the appellant was not entitled to weekly benefits beyond July 1997 and ordered her to repay a portion of the psychological treatment fees, finding the frequency of sessions unreasonable.
On appeal, the Director's Delegate upheld the arbitrator's findings, noting the appellant's significant pre-existing psychological issues and lack of objective evidence of ongoing disability.
The insurer's cross-appeal was allowed, and the appellant was ordered to repay $17,371.20 in interim benefits previously awarded.
Ms. Z v. Dominion of Canada General Insurance Company, 2003 ONFSCDRS 17
