The appellant insurer appealed an arbitrator's preliminary decision finding that the definition of 'minor injury' and the requirement for documented pre-existing conditions in the Statutory Accident Benefits Schedule (SABS) violated section 15 of the Charter.
The Director's Delegate allowed the appeal, holding that the arbitrator erred by deciding the constitutional questions in a factual vacuum before determining whether the claimant actually suffered from chronic pain or had an undocumented pre-existing condition.
The arbitrator's order was rescinded, and the matter was remitted to arbitration for a determination on the merits of the claim for a psychological assessment.
