Claim for statutory accident benefits dismissed as third minor bus accident did not aggravate pre-existing conditions.
The applicant was involved in three separate accidents while travelling on a Toronto Transit Commission bus.
She sought statutory accident benefits for ongoing disability and medical expenses following the third accident in June 1991.
The arbitrator found that the applicant suffered from severe pre-existing chronic pain and depression resulting from the first two accidents.
The arbitrator concluded that the third accident was minor and did not materially contribute to or aggravate her pre-existing physical or psychological condition.
The claims for ongoing weekly benefits and medical expenses were dismissed, though the applicant was awarded her reasonable arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 4, 1994
