The applicant was injured in a motor vehicle accident and initially received caregiver benefits.
She later sought to elect income replacement benefits instead.
The arbitrator found that the insurer's adjuster had negligently misrepresented the available benefits and failed to provide the required written explanation under section 59(2) of the Statutory Accident Benefits Schedule.
The insurer's failure to correct this misinformation led to the applicant's initial election.
The arbitrator ruled that the applicant was not bound by the deemed election provision and could now elect to receive income replacement benefits.
