Ongoing accident benefits denied where disability was caused by pre-existing conditions and an unrelated tremor.
The applicant, a heavy equipment mechanic, was injured in a 1993 motor vehicle accident and received statutory accident benefits until the insurer terminated them in June 1996.
The applicant sought ongoing weekly income benefits and medical/rehabilitation benefits, claiming disability due to a tremor, chronic pain, dizziness, and psychological issues.
The arbitrator found that while the applicant was disabled from his pre-accident employment, his ongoing disability was caused by significant pre-existing degenerative conditions and an essential tremor unrelated to the accident.
The claim for ongoing weekly income benefits was dismissed.
The arbitrator awarded $1,129.75 for medical and rehabilitation expenses incurred prior to the termination date, plus a $100 special award for the insurer's unreasonable withholding of pay-pending-dispute benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 29, 1998
