Claim for non-earner benefit dismissed; physiotherapy expenses partially granted for pain relief and functional improvement.
The applicant, a pedestrian injured in a motor vehicle accident, sought statutory accident benefits including a non-earner benefit, medical benefits for physiotherapy, transportation expenses, and prescription costs.
The arbitrator dismissed the claim for a non-earner benefit, finding that the applicant was not continuously prevented from engaging in substantially all of her pre-accident activities beyond six months post-accident.
The claim for physiotherapy and transportation expenses was partially granted, with the arbitrator finding that treatment up to the date of the DAC assessment and an additional six weeks of therapy were reasonable and necessary for pain relief and functional improvement.
The claim for prescription expenses was dismissed due to a lack of evidence.
Interest was awarded on the amounts found owing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 4, 2002
