Arbitrator awards income replacement and medical benefits, finding motor vehicle accident caused ongoing impairments.
The applicant was injured in a motor vehicle accident and sought income replacement and medical benefits from her insurer.
The insurer denied the benefits, arguing that the applicant's ongoing impairments were caused by a subsequent slip and fall incident rather than the motor vehicle accident.
The arbitrator found the applicant credible and concluded that the motor vehicle accident rendered an asymptomatic condition symptomatic, making her vulnerable to subsequent flare-ups.
The arbitrator awarded income replacement benefits from March 2014 onwards and approved several treatment plans, but denied a special award, finding the insurer had not acted unreasonably given the complex medical evidence.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 9, 2017
