Claims for ongoing accident benefits dismissed; applicant's ongoing disabilities were caused by pre-existing conditions and adverse drug reaction, not the accident.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them three years later.
The applicant sought ongoing weekly income benefits and medical expenses, arguing the accident materially contributed to her severe, ongoing disabilities, including multi-focal cranial dystonia and Sjogren's Syndrome.
The arbitrator found that while the accident exacerbated pre-existing neck and back pain, the applicant had recovered from the accident-related injuries by May 1994.
Her ongoing disabilities were attributed to the natural progression of pre-existing conditions and a severe adverse reaction to medication.
The arbitrator also excluded surveillance evidence obtained by investigators who entered the applicant's home under false pretenses, finding it unduly invasive of her privacy.
The claims for ongoing benefits were dismissed, but the applicant was awarded her arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 6, 1999
