M.B. v. State Farm Mutual Automobile Insurance Company

M.B. was injured in a car accident in January 2008. He suffered head and other injuries and was taken to hospital by ambulance.  After the accident he complained of headache, neck, leg and lower back pain.

He applied for and received statutory accident benefits through his insurer.  His benefits were terminated and the parties were unable to resolve their dispute through mediation, so M.B. applied for arbitration through the Financial Services Commission of Ontario (FSCO).  He claimed his insurer was unreasonably withholding Income Replacement benefits and was asking for interim benefits to be paid to him pending the resolution of the dispute due to his severely deteriorating financial situation and his families need for support.

Medical reports were filed that would justify an award of entitlement to income replacement benefits.  M.B. had been unable to return to any work, and the possibility of lucrative alternative employment was restricted by his limited English. 

M.B. was successful in his claim and his Insurer was ordered to pay interim income replacement benefits dating back to the date of the first pre-hearing, when the interim claim was first put forward.

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