Claims for income replacement benefits and insurer's claim for repayment both dismissed.
The applicant sought income replacement benefits and the cost of medical assessments following a motor vehicle accident.
The insurer sought repayment of benefits, arguing that collateral benefits were available to the applicant.
The arbitrator found that the applicant failed to prove a substantial inability to perform the essential tasks of his pre-accident employment and denied the claims for benefits and assessment costs.
The arbitrator also denied the insurer's request for repayment, finding no evidence that the applicant received collateral benefits or committed an error that materially contributed to an overpayment.
The applicant was ordered to pay $750 in expenses to the insurer.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 12, 2003
