Claim for ongoing disability benefits dismissed as applicant could still perform most pre-accident activities.
The applicant was severely injured when struck by a motor vehicle while riding her bicycle.
She received 'other disability benefits' for 104 weeks, after which the insurer terminated them, arguing she no longer suffered a complete inability to carry on a normal life.
The arbitrator reviewed the applicant's pre-accident activities, which were unstructured and limited, and compared them to her post-accident capabilities.
Despite devastating injuries including a severe head injury and loss of function in her right arm, the arbitrator found she was not continuously prevented from engaging in substantially all of her pre-accident activities.
The claim for ongoing benefits was dismissed, though the applicant was awarded her arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 11, 1997
