FINANCIAL SERVICES COMMISSION OF ONTARIO
Neutral Citation: 2004 ONFSCDRS 79
FSCO A03-000315
BETWEEN:
PETRI NURMELA
Applicant
and
KINGSWAY GENERAL INSURANCE COMPANY
Insurer
DECISION ON PRELIMINARY ISSUES
Before: Judith Killoran
Heard: By telephone conference call on May 26, 2004.
Appearances:
Peter White for Mr. Nurmela
Jamie Pollack for Kingsway General Insurance Company
Issues:
The Applicant, Petri Nurmela, was injured in a motor vehicle accident on October 5, 1996. He applied for and received statutory accident benefits from Kingsway General Insurance Company ("Kingsway"), payable under the Schedule.1 Mr. Nurmela returned to work on a modified basis on October 13, 1998 and full time in December 1999. However, he stopped work on October 30, 2001 and alleges that he cannot work as a result of the accident. The parties were unable to resolve their disputes through mediation, and Mr. Nurmela applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The preliminary issues are:
Is Mr. Nurmela entitled to an offer of a Loss of Earning Capacity Benefit ("LECB")?
If the answer to issue no. 1 is affirmative, on what date was Mr. Nurmela entitled to an offer of an LECB?
Results:
The parties agreed that Mr. Nurmela is entitled to an offer of a LECB.
The parties agreed that Mr. Nurmela was entitled to an offer of a LECB on April 30, 2003.
Outstanding Issues:
On May 26, 2004, at the hearing conducted by teleconference, the parties agreed that Mr. Nurmela is entitled to an offer of a LECB. They also agreed that Mr. Nurmela was entitled to an offer of a LECB on April 30, 2003.
Although the two issues which had been set for the preliminary issue hearing were resolved, a number of outstanding issues remained. They are the following:
When will a date be set for Mr. Nurmela to attend a residual earning capacity designated assessment centre (REC/DAC)?
Will Kingsway produce to Mr. Nurmela a reconciliation statement documenting the income replacement benefits paid? If so, when?
Will Kingsway produce to Mr. Nurmela a past income loss calculation? If so, when?
What is the amount of Mr. Nurmela's pre-earning capacity ("PEC")?
What is the amount of interest owed to Mr. Nurmela by Kingsway?
Is an adjournment required of the hearing dates scheduled for June 14-17 inclusive and June 21-24 inclusive?
PROCEDURAL AGREEMENTS:
The parties will make their best efforts to schedule a date for Mr. Nurmela to attend a REC/DAC as soon as possible. The parties will confirm that date to me by June 14, 2004.
Kingsway will produce to Mr. Nurmela a reconciliation statement by June 11, 2004.
Kingsway will produce to Mr. Nurmela a past income loss calculation by June 11, 2004.
The parties will confirm on June 14, 2004 whether they agree that Mr. Nurmela's PEC is $649.01.
Mr. Pollack will confer with Kingsway and report to Mr. Nurmela on June 14, 2004 whether Kingsway has calculated the interest which is owed to him.
Presently, the first week of hearing is scheduled for June 11-14, 2004. I adjourn the hearing to June 21-24, 2004, which was originally scheduled as the second week of hearing. However, a resumption of pre-hearing before me is set for Monday, June 14, 2004 at 2:00 p.m. by teleconference. I will decide at that time whether the hearing will proceed on Monday, June 21, 2004. In the meantime, the parties have agreed to the following dates for the hearing or its continuation: December 6-10, 2004 and December 13-16, 2004.
EXPENSES:
I leave to the discretion of the hearing arbitrator the issue of expenses incurred in this preliminary issues hearing.
May 28, 2004
Judith Killoran Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule —Accidents after December 31, 1993 and before November 1, 1996, Ontario Regulation 776/93, as amended by Ontario Regulations 635/94, 781/94, 463/96 and 304/98.