Neutral Citation: 2003 ONFSCDRS 182
FSCO A02–000161
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
LUCIANO AMATO
Applicant
and
WAWANESA MUTUAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before:
Joyce Miller
Heard:
February 24, 25, 26, 27 and April 22, 24 and 25, 2003, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
Joseph Brian Donnelly for Mr. Amato
Stephen B. Macaulay for Wawanesa Mutual Insurance Company
Issues:
The Applicant, Luciano Amato, was injured in a motor vehicle accident on June 6, 2000. He applied for and received statutory accident benefits from Wawanesa Mutual Insurance Company, payable under the Schedule.1 Wawanesa terminated weekly income replacement benefits on October 24, 2000. The parties were unable to resolve their disputes through mediation, and Mr. Amato 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. Amato entitled to an income replacement benefit of $400 a week pursuant to section 4 and of the Schedule from October 25, 2000 and ongoing?
Is Mr. Amato entitled to a special award pursuant to subsection 282(10) of the [Insurance