2 total
Appeal for income replacement benefits dismissed; arbitrator's reliance on hearsay was harmless error given other evidence.
The appellant appealed an arbitration decision dismissing her claim for income replacement benefits following a motor vehicle accident.
The arbitrator had rejected her claim on the basis that she was not employed at the time of the accident, relying in part on hearsay statements from an investigator's report.
On appeal, the Director's Delegate found that while the arbitrator erred in relying on the hearsay evidence without the witnesses being called, the error was not fatal.
The arbitrator's rejection of the appellant's evidence of employment was supportable based on other inconsistencies and gaps in her own testimony.
The appeal was dismissed, but the appellant was awarded her reasonable appeal expenses due to the arbitrator's evidentiary error.
Appeal dismissed; arbitrator's reliance on hearsay was an error but outcome supported by other evidence.
The arbitrator had rejected her claim on the basis that she was not employed at the time of the accident, relying in part on hearsay statements made by her alleged employer and a co-worker to an investigator.
On appeal, the Director's Delegate found that the arbitrator erred in relying on the hearsay evidence without the witnesses being called to testify.
However, the appeal was dismissed because the arbitrator's rejection of the appellant's employment evidence was supportable based on other significant inconsistencies and gaps in her own testimony.
