Applicant entitled to weekly income benefits for a limited period; overpayment repayment waived due to insurer error.
The applicant was injured in a motor vehicle accident in February 1993, his fourth accident in two years.
He applied for statutory accident benefits, and the insurer terminated his weekly income benefits in July 1993.
The arbitrator found that the accident materially contributed to the applicant's disability but concluded that the effects of the accident had resolved by October 13, 1993.
The arbitrator determined the correct quantum of weekly benefits by averaging the applicant's pre-accident income over 52 weeks, rather than just the weeks worked.
The applicant was ordered to repay collateral benefits received from a disability policy, but was not required to repay the insurer's overpayment of weekly benefits because the error was the insurer's.
The applicant was awarded his expenses of the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 13, 1996
