Statutory accident benefits denied after June 1994; ongoing disability attributed to pre-existing workplace injury.
The applicant was injured in a workplace accident and subsequently in a motor vehicle accident while on a graduated return-to-work program.
The insurer terminated statutory accident benefits, arguing the applicant had returned to his pre-accident state.
The arbitrator found that the motor vehicle accident only aggravated the pre-existing injuries for a period of six to seven months.
Relying on the treating physicians' contemporaneous records, the arbitrator concluded the applicant's ongoing disability after June 1994 was not caused by the motor vehicle accident.
Claims for ongoing weekly income benefits and supplementary medical expenses were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 1, 1996
