Appeal dismissed; arbitrator reasonably concluded ongoing psychiatric disability was caused by pre-existing condition, not the accident.
The appellant was injured in a motor vehicle accident and received income replacement benefits.
The insurer terminated benefits, arguing the appellant's ongoing disability was due to a pre-existing schizoaffective disorder rather than the accident.
The arbitrator agreed, finding the accident's material contribution to the disability ended by August 2001, and dismissed claims for various assessment expenses.
On appeal, the Director's Delegate upheld the arbitrator's decisions, finding no error of law in the arbitrator's evaluation of the medical evidence, the impact of the appellant's pre-existing condition, or the rejection of assessment expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 3, 2006
