Application for ongoing income replacement benefits dismissed as applicant failed to prove accident caused her impairment.
The applicant was injured in a motor vehicle accident in December 2005 and received income replacement benefits (IRBs) until August 2008.
She sought IRBs beyond the 104-week mark, requiring her to prove a complete inability to engage in any employment for which she was reasonably suited, caused by the accident.
The applicant advanced several theories of causation, including spinal injuries, exacerbation of pre-existing fibromyalgia, and a psychological disorder.
The arbitrator rejected all theories, finding that the applicant likely only sustained minor soft tissue injuries in the accident, that the cause of fibromyalgia is unknown making exacerbation unprovable, and that the psychological diagnoses lacked adequate foundation.
The application for ongoing IRBs and a special award was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 10, 2010
