Appeal of arbitration decision denying accident benefits and awarding expenses to insurer dismissed.
The appellant appealed an arbitrator's decision dismissing her claims for income replacement benefits, medical and rehabilitation benefits (including a Tempur mattress and laptop computer), a neuropsychological re-assessment, and a special award under the Statutory Accident Benefits Schedule.
She also appealed the arbitrator's order awarding the insurer $15,344.05 in expenses.
The Director's Delegate dismissed the appeal, finding no breach of natural justice or procedural fairness by the arbitrator.
The Delegate upheld the arbitrator's factual findings that the appellant was not disabled from her pre-accident employment, that the claimed medical and rehabilitation items were not reasonable and necessary, and that the appellant's conduct unnecessarily prolonged the hearing, justifying the expenses award.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 15, 2008
