Brian Leila

The insurer sought $450 in arbitration expenses following a split decision where the applicant's claim for income replacement benefits and the insurer's claim for repayment were both dismissed.

The arbitrator found that the applicant enjoyed relatively little success, as her claim was worth significantly more and occupied most of the hearing time.

The insurer was awarded $450 in partial costs, payable only as a setoff against any future recovery by the applicant in another legal proceeding against the insurer.

The applicant was struck by a bus and claimed ongoing income replacement benefits for soft tissue injuries.

The arbitrator dismissed the claim, finding the applicant lacked credibility because she had returned to part-time work and full-time college studies involving physical activity without disclosing this to health assessors.

The insurer's claim for repayment of $1,741.28 in benefits was also dismissed because the insurer failed to provide the required repayment notice within twelve months.