Claim for ongoing weekly benefits dismissed as applicant failed to prove substantial inability to perform essential tasks.
The applicant, a 65-year-old retired man, was injured in a motor vehicle accident and received statutory accident benefits for one year.
The insurer terminated weekly benefits, arguing his ongoing disability was due to a pre-existing condition.
The arbitrator found that the applicant's back pain and headaches pre-dated the accident, relying on clinical notes that contradicted the family physician's testimony.
The arbitrator concluded the applicant failed to prove a substantial inability to perform his essential tasks of daily life, as he continued to shop, socialize, and travel as he did before the accident.
The claim for ongoing weekly benefits and a special award was dismissed, but the applicant was awarded expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 24, 1994
