The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated weekly income benefits, and the applicant sought ongoing income benefits, supplementary medical and rehabilitation benefits, care benefits, and a special award.
The insurer claimed a repayment of overpaid benefits due to an alleged calculation error and the applicant's receipt of CPP disability benefits.
The arbitrator found that the applicant failed to establish that her ongoing back problems were caused by the accident, given her pre-existing degenerative disc disease and prior injuries.
Consequently, claims for ongoing income, medical, and care benefits were dismissed.
The arbitrator determined the correct weekly income benefit rate and ordered the applicant to repay $16,540.54 for overlapping CPP benefits, but denied the insurer's claim for repayment based on 'error,' finding the insurer had deliberately chosen its calculation method.
The applicant's claims for a special award and arbitration expenses were dismissed.
