Claim for ongoing weekly income benefits dismissed as applicant failed to prove causation and disability.
The applicant was injured in a motor vehicle accident when struck as a pedestrian.
She received statutory accident benefits until the insurer terminated her weekly income benefits.
The applicant sought arbitration, claiming ongoing entitlement to weekly income benefits, supplementary medical benefits for expert reports, and a special award.
The arbitrator dismissed the claim for ongoing weekly income benefits, finding the applicant failed to establish on a balance of probabilities that her ongoing physical and psychological symptoms were causally related to the accident or that they substantially disabled her from returning to her pre-accident employment.
The claim for a special award was also dismissed.
However, the arbitrator awarded the applicant her expenses for the arbitration, including the costs of the medical reports.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 24, 1997
