https://www5.fsco.gov.on.ca/AD/4689
Mr. Waldock seeks a Special Award of 50% of $361,520.30, which he claims were benefits that State Farm unreasonably withheld or delayed.
In my decision on the preliminary issue, issued on November 10, 2014, I referred to the oral evidence of Dr. Waisman wherein he was critical of the report prepared and submitted by Dr. Cashman to State Farm. State Farm relied upon Dr. Cashman’s report to deny that Mr. Waldock had suffered a catastrophic impairment. State Farm did not bring Dr. Cashman as a witness to that Hearing and thus, I found that his report was untested and less credible evidence than that of Dr. Waisman and his colleagues at Multidisciplinary Designated Assessment Centre (“MDAC”), including Dr. Ameis.
Upon considering that State Farm refused to accept Mr. Waldock’s application for determination of a catastrophic impairment by relying on Dr. Cashman’s report, which failed to follow the accepted guidelines to determine whether a person is catastrophically impaired; and, considering that State Farm had ample evidence that Mr. Waldock was very seriously injured and partially incapacitated as a result of the accident, I find that State Farm must be considered responsible for unreasonably withholding or delaying payments to Mr. Waldock, pursuant to the Act.
I acknowledge that upon the release of my decision on the preliminary issue, wherein I determined that Mr. Waldock had suffered a catastrophic impairment, it is my understanding that State Farm did pay Mr. Waldock a significant portion of the total past benefits, expenses and interest he sought. In my mind, this action by State Farm serves to reduce the amount of the Special Award sought by Mr. Waldock from State Farm.
Accordingly, I find that Mr. Waldock is entitled to a Special Award calculated as 30% of the value of all benefits claimed following the Arbitration. He has claimed an amount of $361,520.30. I calculate the Special Award to be $108,456.09 plus the accumulated interest, to be calculated at the rate of 2% per month, compounded monthly, beginning July 7, 2010, pursuant to Subsection 282(10) of the Act.