Application for accident benefits dismissed; injury caused by intoxicated posturing, not a fall from van.
The applicant sought statutory accident benefits after suffering a broken neck, claiming he fell out of his van while attempting to sleep in it after a party.
The insurer denied benefits, arguing the injury was not caused by an 'accident' as defined in the Schedule.
The arbitrator found the applicant's evidence unreliable due to his heavy intoxication, inconsistencies in his reporting, and the physical evidence at the scene.
Accepting expert medical and biomechanical evidence, the arbitrator concluded the injury was likely caused by prolonged extreme neck posturing while lying intoxicated on the ground, rather than a fall from the van.
The application for arbitration was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 13, 2006
