Arbitration stayed to allow insurer to conduct a new occupational therapy assessment following claimant's reported new symptoms.
The insurer brought a motion to stay the scheduled arbitration proceedings pending the claimant's participation in an insurer's examination by an occupational therapist.
The claimant had recently submitted an addendum report indicating a substantial increase in her attendant care needs due to new symptoms, including blackouts.
The arbitrator granted the motion, finding that procedural fairness required the insurer to have an opportunity to re-assess the claimant's attendant care needs in light of the new developments before proceeding to arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 6, 2014