Neutral Citation: 1998 ONFSCDRS 38
FSCO A97-000152
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
SEETA NARINE
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
DECISION
Issues:
The Applicant, Seeta Narine, was injured in a motor vehicle accident on June 23, 1992. She applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company ("State Farm"), payable under Ontario Regulation 672.1 The parties were unable to resolve their disputes through mediation, and Mrs. Narine applied for arbitration under the Insurance Act, R.S.O. 1990, c. I.8, as amended.
The issues in this hearing are:
Is the Applicant entitled to a weekly benefit from June 23, 1995 onwards on the basis that as a result of the injuries she sustained in the motor vehicle accident, she is continuously prevented from engaging in any occupation or employment for which she is reasonably suited by education, training or experience?
Mrs. Narine also claims interest on any amounts owing and her expenses incurred in the arbitration proceeding.
Hearing:
The hearing was held in Hamilton, Ontario on June 8, 9 and 10 and July 10, 1997, submissions were received from the Insurer by way of letter dated July 31, 1998, and from the Applicant by way of letter dated August 18, 1988.
Present at the Hearing:
Applicant:
Seeta Narine
Mrs. Narine's
Robert Mahler
Representative:
Barrister and Solicitor
State Farm's
Joseph J. Sullivan
Representative:
Barrister and Solicitor
Arbitrator:
Stewart M. McMahon
Witnesses:
Seeta Narine
Dr. John W. Schneider
Dr. A.I. Margulies
Dr. Reuven Lexier
Jai Dighe
Dr. M.P. McAndrews
Exhibits:
The exhibits are set out in the Appendix to this Decision.
Reasons:
Oral reasons were delivered to the parties on September 11, 1998.
Order:
The Applicant is entitled to a weekly benefit from June 23, 1995, onward on the basis that she remains continuously prevented from engaging in any occupation for which she is reasonably suited by education, training or experience.
The Applicant is entitled to interest on the outstanding benefits in accordance with section 24(4) of the Schedule.
The Applicant is entitled to her expenses, subject to assessment if necessary.
September 17, 1998
Stewart M. McMahon
Arbitrator
Date
List of Exhibits
Exhibit 1
Insurer's Medical Brief, Volume I
Exhibit 2
Applicant's Medical Brief, Volume I and II
Exhibit 3
Dr. John W. Schneider, Curriculum Vitae
Exhibit 4
Dr. A.I. Margulies, Curriculum Vitae
Exhibit 5
Dr. Reuven R. Lexier, Curriculum Vitae
Exhibit 6
Insurer's Supplementary Documents' Brief
Exhibit 7
Dr. Mary Pat McAndrews, Curriculum Vitae
Exhibit 8
Dr. Perry Rush, Curriculum Vitae
Footnotes
- Prior to January 1, 1994, Ontario Regulation 672 was called the No-Fault Benefits Schedule. After that date it became the Statutory Accident Benefits Schedule —Accidents On or Between June 22, 1990 and December 31, 1993. In this decision, the term "Schedule" will be used to refer to Regulation 672.