Applicant awarded accident benefits for 156 weeks; ongoing disability attributed to subsequent workplace assault.
The applicant was injured in a motor vehicle accident and, two weeks later, was assaulted and robbed at her workplace.
She claimed ongoing statutory accident benefits, arguing her disability stemmed from the car accident, while the insurer argued her ongoing issues were caused by the robbery.
The arbitrator found that both events significantly contributed to her condition, satisfying the causation requirement for accident benefits.
The applicant was awarded weekly income benefits for the first 156 weeks, as she was substantially disabled from her pre-accident employment.
However, she was denied benefits beyond 156 weeks because she was capable of engaging in suitable alternative employment.
The insurer was granted a credit for W.C.B. benefits the applicant received.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 29, 1996
