Claim for ongoing weekly income benefits dismissed as the motor vehicle accident was not a significant contributing factor to the applicant's disability.
The applicant was injured in a minor motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.
She applied for arbitration, claiming she developed a chronic pain condition rendering her continuously disabled from returning to work.
The arbitrator found the applicant's credibility to be seriously questionable due to inconsistencies and denials of her physical abilities.
Relying on medical evidence that identified pre-existing degenerative disease, emotional depression, and other psycho-social factors as the primary causes of her ongoing disability, the arbitrator concluded the accident was not a significant contributing factor.
The claim for further weekly income benefits was dismissed, though the applicant was awarded her reasonable expenses of the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 23, 1996
