Appeal from arbitration denying ongoing accident benefits dismissed; appellant found capable of alternative employment.
The appellant appealed an arbitration decision denying his claims for ongoing weekly income benefits and income replacement benefits from two insurers following two motor vehicle accidents.
The arbitrator found the appellant was capable of working as a truck driver and had exaggerated his limitations, relying on medical evidence including a Ministry of Transportation medical report completed by his own orthopaedic surgeon.
The Director's Delegate upheld the arbitrator's findings, confirming the denial of benefits, the order to repay $3,750 in available collateral benefits to Allstate, and the refusal to order special awards.
The appeal was dismissed with expenses awarded to the insurers.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 17, 2000
