Renato P. Fellin

The appellant appealed an arbitration order dismissing his claims for income replacement benefits and ordering him to pay arbitration expenses.

He argued the insurer failed to follow the proper termination procedure by not arranging an assessment at a Designated Assessment Centre qualified to assess his psychological condition.

The Director's Delegate dismissed the appeal, finding the appellant's claim was based on physical injuries and the insurer was not given sufficient notice of a psychological claim.

The appellant was ordered to pay $1,000 in appeal expenses.

The applicant sought ongoing income replacement benefits and supplementary medical expenses following a motor vehicle accident.

The insurer had terminated benefits based on a Designated Assessment Centre (DAC) report concluding the applicant could perform the essential tasks of his employment.

The arbitrator found the applicant was not a credible witness and drew adverse inferences from his failure to produce relevant medical and employment records despite prior agreements to do so.

The arbitrator concluded the applicant failed to prove he was employed at the time of the accident or that his ongoing symptoms, including depression, were caused by the accident rather than pre-existing conditions.

The application was dismissed, and the applicant was ordered to pay $4,000 in expenses to the insurer due to his lack of success and failure to comply with production undertakings.