Appeal dismissed; arbitrator's finding that appellant's neuropathy was not caused by the accident upheld.
The appellant was injured in a motor vehicle accident and received statutory accident benefits until they were terminated by the respondent insurer.
At arbitration, the arbitrator found that the appellant's right ulnar neuropathy was not caused by the accident and confirmed the termination of benefits.
The appellant appealed, seeking to introduce new medical evidence and arguing that her condition was a direct result of the accident.
The Director of Arbitrations refused to admit the new evidence, finding it either could have been adduced at the hearing or would not have affected the result.
The Director dismissed the appeal, holding that the arbitrator's findings on causation were fully supported by the evidence and that the appellate function does not permit re-weighing the evidence.
The appellant was denied her appeal expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 21, 1996
