Accident benefits claims dismissed as applicant's impairments were caused by a pre-existing workplace injury, not the motor vehicle accidents.
The applicant sought statutory accident benefits following two minor motor vehicle accidents in 2011 and 2012.
He had previously suffered a severe workplace injury in 2002, resulting in chronic pain and psychological impairments.
The arbitrator found the applicant's evidence lacked credibility, largely due to extensive surveillance showing him performing activities he claimed he could not do, and his failure to disclose his pre-existing conditions to his assessors.
Applying the 'but for' test for causation, the arbitrator concluded that the applicant's impairments were solely attributable to his 2002 workplace injury and that he suffered no verifiable decline in function following the motor vehicle accidents.
All claims for non-earner benefits, attendant care benefits, medical benefits, and cost of examinations were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 24, 2020
