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Insurer cannot deduct CPP disability benefits from weekly income benefits; reduction is not a denial.
The applicant was receiving weekly income benefits following a motor vehicle accident.
The insurer reduced her benefits by the amount of her CPP disability benefits.
The insurer argued the applicant was barred from contesting the deduction due to the two-year limitation period.
The arbitrator held that a reduction in benefits is not a denial, so the limitation period was not triggered.
Relying on recent jurisprudence, the arbitrator found that CPP disability benefits are not an indemnity for loss of income and therefore cannot be deducted from weekly income benefits.
The insurer was ordered to pay the applicant's expenses.
Appeal dismissed; arbitrator's denial of expenses and $1,000 assessment against insured for abuse of process upheld.
The appellant appealed an arbitration decision that denied his claim for ongoing weekly income benefits, denied his arbitration expenses, and ordered him to pay a $1,000 assessment to the insurer for abuse of process.
The Director's Delegate dismissed the appeal, finding that the arbitrator properly exercised his discretion to deny expenses due to the appellant's failure to comply with production orders and disruptive behaviour at the hearing.
The Delegate also upheld the $1,000 assessment, agreeing that there was no evidence the 1991 accident significantly affected the appellant's ability to work, which was already compromised by a 1989 accident and pre-existing arthritis.
