Income replacement and housekeeping benefits awarded only for the period of temporary exacerbation of a pre-existing injury.
The applicant was injured in a motor vehicle accident in 2007 and sought ongoing income replacement and housekeeping benefits, claiming the accident exacerbated a pre-existing right knee injury.
The insurer terminated benefits in February 2008 based on medical assessments.
The arbitrator found the applicant's evidence lacked credibility due to inconsistencies and symptom magnification.
Relying on medical experts, the arbitrator concluded the 2007 accident only temporarily exacerbated the pre-existing knee condition, which resolved by April 18, 2008.
The applicant was awarded income replacement and housekeeping benefits up to that date, but the claim for a special award was dismissed as the insurer's termination was not unreasonable.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 28, 2012
