Accident benefits claim dismissed; applicant was neither employed nor substantially disabled from essential tasks.
The applicant was struck by a motor vehicle while a pedestrian and claimed weekly income benefits.
At the time of the accident, he was receiving workers' compensation benefits for a prior work-related shoulder injury.
The arbitrator found that the applicant was not employed or on a temporary lay-off at the time of the accident, precluding entitlement to section 12 benefits.
Furthermore, the arbitrator concluded that the applicant was not entitled to section 13 benefits, as he had recovered sufficiently by November 1992 to perform his essential pre-accident tasks.
The claims for benefits were dismissed, but the applicant was awarded his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 23, 1997
