Interim income replacement benefits granted due to flawed DAC process and strong prima facie case.
The applicant sought interim income replacement benefits after the insurer terminated them.
The arbitrator found that the insurer's termination of benefits was based on a flawed Designated Assessment Centre (DAC) process, which failed to comply with section 64 of the Statutory Accident Benefits Schedule.
The arbitrator also found that the applicant established a strong prima facie case for entitlement to benefits and demonstrated financial urgency.
The insurer was ordered to pay interim benefits of $313.77 per week, with the issues of a special award and expenses reserved for the main arbitration hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 6, 2000
