Income replacement benefits denied; applicant failed to prove motor vehicle accident caused his ongoing disability.
The applicant was injured in a motor vehicle accident and received income replacement benefits for over two years.
The insurer terminated benefits, arguing his ongoing disability was caused by pre-existing fibromyalgia and psychological issues, not the accident.
The arbitrator found the applicant was completely disabled from suitable employment but concluded that neither party presented reliable evidence on whether the accident caused the disability.
The arbitrator determined that the applicant bore the legal burden of proving causation.
Because the applicant failed to discharge this burden, his claim for ongoing income replacement benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 29, 2006
