Accident benefits denied where surveillance and medical records showed impairments pre-dated the motor vehicle accident.
The applicant was injured in a motor vehicle accident and sought ongoing statutory accident benefits, including weekly income benefits, home renovations, care benefits, housekeeping, medical devices, and transportation expenses.
The insurer terminated benefits, arguing her ongoing issues were due to age and pre-existing conditions.
The arbitrator dismissed almost all claims, finding that the applicant's dizziness and vertigo pre-dated the accident and were not materially exacerbated by it.
Surveillance evidence contradicted her claims of severe impairment.
While she sustained a permanent shoulder injury, it did not necessitate the claimed home renovations or care services.
The arbitrator awarded only $17 for transportation to a chiropractor.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 18, 1999
