Insurer's appeal of accident benefits award dismissed; arbitrator's weighing of medical and housekeeping evidence upheld.
The insurer appealed an arbitrator's decision awarding the insured expenses for two disputed treatment plans and housekeeping benefits following a motor vehicle accident.
The insurer argued the arbitrator erred in his treatment of the medical assessments and in awarding housekeeping benefits despite finding the insured's expense forms unreliable.
The Director's Delegate dismissed the appeal, finding no reversible error in the arbitrator's weighing of the evidence, including his preference for the treating physiotherapist's plans over the insurer's assessments and his reliance on in-home assessments to determine housekeeping entitlement.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 5, 2007