Accident benefits claim dismissed; applicant failed to prove entitlement to income replacement or medical benefits.
The applicant sought accident benefits following a motor vehicle accident, claiming entitlement to medical benefits and income replacement benefits.
The insurer denied the claims, arguing the applicant was self-employed with no net profits and that her injuries did not warrant further treatment.
The arbitrator found the applicant lacked credibility and accepted the insurer's expert evidence that her physical injuries had plateaued and her psychological issues were unrelated to the accident.
The arbitrator also determined the applicant was self-employed and had no profits, resulting in an income replacement benefit calculation of zero.
The application was dismissed, and the insurer was awarded its expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 11, 2016
