1 total
Applicant precluded from proceeding to arbitration until he completes the requested DAC assessment.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated weekly income replacement benefits, and the applicant requested a Designated Assessment Centre (DAC) assessment.
The applicant later cancelled the assessment with insufficient notice, incurring a cancellation fee, and applied for mediation and arbitration.
The arbitrator held that the applicant failed to establish a bona fide change of mind regarding his election to proceed by way of a DAC assessment.
Consequently, the applicant is precluded from proceeding to mediation and arbitration until he completes the requested DAC assessment.