Appeal for ongoing IRBs denied due to credibility issues; cross-appeal allowed to prevent double recovery.
The applicant appealed an arbitrator's decision denying his claims for income replacement benefits (IRBs) beyond 104 weeks, medical benefits, and a special award following a motor vehicle accident.
The insurer cross-appealed the award of replacement worker expenses as rehabilitation benefits.
The Director's Delegate upheld the arbitrator's findings that the applicant was precluded from receiving SABS benefits while entitled to WSIB benefits for a subsequent work injury, and that he failed to meet the post-104 week disability test due to a lack of credible medical evidence.
The cross-appeal was allowed, as claiming replacement worker expenses under section 15 when they were already factored into the IRB calculation constituted impermissible double recovery.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 27, 2008
