Application for accident benefits dismissed as impairments were caused by pre-existing workplace injuries.
The applicant sought statutory accident benefits, including non-earner, housekeeping, and medical benefits, following a 2009 motor vehicle accident.
The insurer denied the claims, arguing the accident was minor and the applicant's impairments stemmed from severe pre-existing workplace injuries.
The arbitrator dismissed the application, finding overwhelming evidence that the applicant's physical and psychological conditions pre-dated the accident.
The arbitrator concluded the applicant sustained only minor soft-tissue injuries in the 2009 accident and failed to prove entitlement to the claimed benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 2, 2015
