Financial Services Commission of Ontario Commission des services financiers de l’Ontario
Neutral Citation: 2017 ONFSCDRS 201
FSCO A13-006621
BETWEEN:
SRITHARAN SIVALINGAM
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Caroline King
Heard: May 1, 2, 3, 4, 2017, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances: Mr. Thomas Su, Ms. Dilenthi Warakaulle, for Mr. Sivalingam Jennifer Beresford for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Sritharan Sivalingam, has claimed he was injured in a motor vehicle accident on June 12, 2009. He applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 A dispute arose about the entitlement to benefits. The parties were unable to resolve their disputes through mediation, and Mr. Sivalingam applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
On May 1, 2017, the issues in dispute were identified and agreed to as follows:
Is Mr. Sivalingam entitled to receive weekly caregiver benefits in the amount of $250 per week from June 12, 2009 to date and ongoing?
Is Mr. Sivalingam entitled to attendant care benefits in the amount of $829.69 per month from June 14, 2009 to June 12, 2011?
Is Mr. Sivalingam entitled to payments for the cost of examinations in the amount of $2,201.78 for a psychological assessment as recommended by Toronto Physiotherapy and Rehabilitation Clinic as submitted on April 5, 2013?
Is State Farm liable to pay Mr. Sivalingam’s expenses in respect of the arbitration?
Is Mr. Sivalingam entitled to interest for the overdue payment of benefits?
As no particulars regarding a special award claims were provided to the Insurer in accordance with Arbitrator Fadel’s December 7, 2015 order, the special award claim was not added.