Appeal dismissed; arbitrator reasonably concluded accident did not cause appellant's psychological disability.
The appellant, a teenager injured in a motor vehicle accident, appealed an arbitrator's decision denying her claim for ongoing weekly statutory accident benefits.
The appellant argued that she sustained a psychological or mental injury in the accident that continuously disabled her.
The arbitrator had concluded that the accident was not a significant factor in the development of her psychological condition, preferring the respondent's expert evidence over the appellant's.
On appeal, the Director of Arbitrations found that the arbitrator properly weighed the conflicting medical and psychological evidence, including the appellant's pre-existing behavioural issues and family circumstances.
The appeal was dismissed, and the arbitration order was confirmed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 5, 1997
