The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer denied her claim for catastrophic impairment and terminated her income replacement benefits.
The applicant brought a motion for interim benefits, seeking funding for a catastrophic assessment rebuttal report and the reinstatement of her income replacement benefits.
The arbitrator applied a holistic approach to interim benefits and found that the applicant had a strong prima facie case.
The arbitrator held that the applicant had a vested contractual right to funding for a rebuttal report because her accident occurred before the 2010 SABS amendments eliminated that benefit.
The arbitrator ordered the insurer to pay $10,500 for rebuttal reports and to reinstate the applicant's income replacement benefits at $374.16 per week pending the final arbitration.
