Vishnu E. Misir

The appellant, a pedestrian injured in a motor vehicle accident, appealed an arbitration decision that terminated his weekly income benefits and ordered him to repay overpaid benefits.

The Director of Arbitrations upheld the arbitrator's findings that the appellant was no longer substantially unable to perform the essential tasks of his occupation, based on medical and rehabilitation evidence.

Furthermore, the Director affirmed the arbitrator's conclusion that the appellant's financial records were unreliable and constructed after the accident, justifying the calculation of his income benefits at the minimum rate.

The appeal was dismissed.

The applicant was injured in a motor vehicle accident and received benefits from the insurer, which were later terminated.

The applicant applied for arbitration but failed to appear at the hearing, subsequently withdrawing her claim.

The insurer sought a dismissal of the applicant's claims, a determination of its own claims for repayment, and an assessment of costs.

The arbitrator held that the applicant's claims were not dismissed and the insurer's claims for repayment could not be determined independently of the applicant's claims.

However, the arbitrator awarded $1,000 to the insurer under section 282(11.2) of the Insurance Act, finding that the applicant's conduct amounted to an abuse of process.