Claim for ongoing statutory accident benefits dismissed as applicant failed to prove ongoing disability from minor accident.
The applicant was injured in a minor rear-end motor vehicle accident and received statutory accident benefits until December 29, 1992.
He applied for arbitration to claim ongoing weekly benefits, alleging disability from neck and low back pain.
The insurer raised a preliminary issue that mediation had not taken place because the applicant was in Sweden, but the arbitrator found the applicant had participated in good faith.
On the merits, the arbitrator found that the applicant did not have a legitimate job offer at the time of the accident and was not substantially unable to perform his essential tasks after December 29, 1992.
The arbitrator concluded that the accident did not significantly contribute to the applicant's ongoing low back problems, which were largely pre-existing.
The claim for ongoing benefits was dismissed, but the applicant was awarded his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 11, 1995
