The applicant was injured in a motor vehicle accident while disembarking from a TTC bus.
She sustained soft tissue injuries to her right hip and ankle.
While undergoing physiotherapy for these injuries, she was required to perform a functional capacity evaluation, during which she sustained further injuries to her neck, back, and upper extremities.
The insurer terminated her income replacement benefits, arguing that the new injuries were not directly caused by the accident.
The arbitrator held that the 'as a result of' test in the SABS-1996 should be interpreted consistently with common law principles of causation and remoteness.
The arbitrator found that the injuries sustained during the functional capacity evaluation were a reasonably foreseeable consequence of treatment for the accident-related injuries, and there was no intervening cause breaking the chain of causation.
The applicant was awarded ongoing income replacement benefits, as well as various medical, rehabilitation, and housekeeping benefits.
