Applicant entitled to weekly benefits up to 156 weeks; special award and medical benefits claims dismissed.
The Applicant was injured in a motor vehicle accident and received statutory accident benefits until the Insurer terminated them.
The Applicant applied for arbitration to reinstate weekly benefits, claim medical and rehabilitation expenses, and seek a special award.
The Arbitrator found no jurisdiction to determine the medical and rehabilitation benefits as they were not raised at mediation.
The Arbitrator held that the Applicant was substantially unable to perform her pre-accident essential tasks until the 156-week mark, entitling her to weekly benefits until December 12, 1994.
The claim for a special award was dismissed because the Insurer's termination of benefits, while incorrect, was not arbitrary or capricious.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 8, 1995
