Claim for accident benefits dismissed as the alleged taxi incident did not constitute an accident.
The applicant sought statutory accident benefits following an alleged incident where a taxi she was riding in mounted a curb, causing her pain.
The insurer denied the claim, arguing the incident did not constitute an accident under the Schedule.
The arbitrator found that the applicant's ongoing pain complaints were related to a pre-existing somatoform disorder and a prior bus accident, rather than any physical injury sustained in the taxi.
The arbitrator concluded that no accident occurred within the meaning of the Schedule and dismissed the claim for weekly and caregiver benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 30, 2004
