Insurer bound by mediation agreement to pay weekly benefits based on independent medical opinion.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them based on surveillance evidence.
At mediation, the parties signed an agreement to be bound by the opinion of an orthopaedic specialist regarding the applicant's ability to work.
The specialist opined that the applicant was substantially unable to perform his essential tasks.
The arbitrator held that the mediation agreement was binding and ordered the insurer to pay weekly benefits in accordance with the specialist's opinion until the date the specialist no longer found the applicant disabled.
The claim for a special award was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 12, 1994
