Neutral Citation: 2000 ONFSCDRS 107
FSCO A97-002186
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
CUONG Q. TRAN
Applicant
and
PAFCO INSURANCE COMPANY LIMITED
Insurer
REASONS FOR DECISION
Before: John Wilson
Heard: February 14, 2000, at the Offices of the Financial Services Commission of Ontario in Toronto.
Appearances: Michael Krylov, Student-at-Law for Mr. Tran Jennifer Griffiths for Pafco Insurance Company Limited
Issues:
The Applicant, Cuong Q. Tran, was injured in a motor vehicle accident on October 3, 1996. He applied for and received statutory accident benefits from Pafco Insurance Company Limited ("Pafco"), payable under the Schedule.1 Pafco terminated weekly income replacement benefits on March 5, 1997. The parties were unable to resolve their disputes through mediation, and Mr. Tran applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The issues in this hearing are:
Is Mr. Tran entitled to receive a weekly income replacement benefit pursuant to section 7 of the Schedule from March 6, 1997 and onwards ?
What is the amount of weekly income replacement benefit that Mr. Tran is eligible to receive?
Is Mr. Tran entitled to supplementary medical expenses for physiotherapy, medication and transportation claimed pursuant to section 10 of the Schedule?
Is Mr. Tran liable to pay an amount to Pafco that does not exceed the amount assessed against Pafco in respect of the arbitration, pursuant to subsection 282(10) of the [Insurance Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-i8/latest/rso-19