Claim for ongoing weekly accident benefits dismissed as applicant failed to prove causality and substantial inability.
The Applicant was injured in a rear-end motor vehicle accident and received weekly accident benefits until they were terminated by the Insurer.
The Applicant sought arbitration, claiming ongoing entitlement to weekly benefits due to upper and mid-back pain, as well as a special award for unreasonably withheld payments.
The arbitrator found that the Applicant failed to establish that his ongoing back problems were caused or aggravated by the accident, noting a significant pre-existing history of symptomatic degenerative disc disease.
Furthermore, the arbitrator concluded that the Applicant did not suffer a substantial inability to perform his essential tasks, as he remained able to perform some property maintenance and actively campaign for municipal office.
The claims for weekly benefits and a special award were dismissed, but the Applicant was awarded his arbitration expenses as he had acted in good faith.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 10, 1992
