Applicant entitled to ongoing weekly income benefits from both insurers without apportionment for accident-aggravated spinal condition.
The applicant was injured in two motor vehicle accidents in 1992 and sought ongoing weekly income benefits from two insurers.
The applicant had pre-existing, largely asymptomatic spinal conditions that became symptomatic after the accidents, eventually leading to a cervical laminectomy that resulted in incomplete quadriplegia.
The arbitrator found that both accidents materially contributed to the applicant's disability and that he met the post-156 week disability test.
Both insurers were held fully responsible for the statutory accident benefits without apportionment.
The arbitrator also found a causal connection between the accidents and the surgery, and dismissed one insurer's claim for repayment of benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 16, 1999
