Claim for ongoing weekly accident benefits dismissed as applicant's ongoing symptoms stemmed from pre-existing conditions.
The applicant was injured in two motor vehicle accidents and sought ongoing statutory accident benefits, including weekly benefits and medical/rehabilitation expenses, after the insurer terminated them in August 1992.
The applicant claimed ongoing disability due to physical injuries, aggravated multiple chemical sensitivities, and chronic fatigue.
The arbitrator found that the applicant suffered from longstanding pre-accident psychiatric and physical problems, including somatization disorder, and that she had substantially returned to her pre-accident level of activity by the time benefits were terminated.
The claim for ongoing weekly benefits was dismissed, though certain medical, rehabilitation, and transportation expenses incurred prior to the termination date were allowed.
The arbitrator declined to make a special award but granted the applicant her arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 4, 1995
