Accident benefits denied as applicant failed to prove kidney infections were caused by the motor vehicle accident.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them, arguing her continuing kidney problems were due to pre-existing conditions.
The applicant claimed the accident caused severe trauma to her kidney, embedding a stone that led to chronic infections.
The arbitrator preferred the insurer's expert medical evidence, finding that the applicant's ongoing kidney issues and infections were a spontaneous recurrence of her extensive pre-existing kidney stone condition, not caused by the accident.
The applications for weekly income benefits and supplementary medical and rehabilitation expenses were dismissed, though the applicant was awarded her hearing expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 24, 1996
