Appeal and cross-appeal dismissed; arbitrator's award of income replacement benefits and special award upheld.
AXA Insurance Company appealed an arbitration order awarding Mario Rocca income replacement benefits beyond the 104-week mark and a $10,000 special award.
Rocca cross-appealed the calculation of his benefits regarding commission income.
The Director's Delegate found that despite the arbitrator's adverse credibility findings against Rocca, there was sufficient objective medical evidence, including an MRI showing a large disc herniation, to support the conclusion that he was disabled from the physical aspects of his pre-accident job.
The Director's Delegate also upheld the special award, finding the insurer unreasonably reduced benefits to the minimum level without an objective basis.
Both the appeal and cross-appeal were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 1, 2000
