Accident benefits claims dismissed where medical evidence showed ongoing symptoms were related to pre-existing conditions.
The applicant was injured when the TTC bus she was riding stopped suddenly.
She claimed ongoing income replacement benefits, medical benefits for physiotherapy and massage, and rehabilitation benefits for increased auto insurance premiums.
The insurer argued the claim was time-barred.
The arbitrator found the claim was not time-barred because the insurer's termination letters did not constitute a valid refusal under the Smith v. Co-operators standard.
However, on the merits, the arbitrator dismissed all claims.
Medical evidence, including from the applicant's own treating practitioners, indicated her ongoing symptoms were related to pre-existing chronic conditions rather than the accident, and she did not suffer a substantial inability to perform the essential tasks of her employment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 26, 2004
