Applicant denied ongoing weekly income benefits and ordered to repay $28,593.60 in overpaid benefits.
The applicant, a self-employed restaurant owner, was injured in a motor vehicle accident and received weekly income benefits from the insurer until December 1992.
He applied for arbitration seeking ongoing benefits.
The arbitrator found that the applicant was no longer substantially disabled from performing the essential tasks of his occupation after December 1992, relying on extensive medical and rehabilitation evidence.
Furthermore, the arbitrator determined that the applicant had failed to prove his pre-accident income was higher than the deemed minimum, resulting in a finding that the insurer had significantly overpaid him.
The insurer was ordered to be repaid $28,593.60, and the applicant's claim for a special award was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 24, 1993
