Claim for accident benefits dismissed as applicant failed to prove accident trauma triggered her Multiple Sclerosis.
The applicant was injured when her bicycle was struck by a parked car's door.
She was later diagnosed with Multiple Sclerosis (MS) and claimed statutory accident benefits, arguing the trauma from the accident triggered her MS.
The arbitrator reviewed expert neurological evidence on the theory that trauma can disrupt the blood-brain barrier and trigger latent MS.
The arbitrator found the theory speculative and concluded the applicant failed to prove the accident triggered her MS, noting she had pre-accident neurological symptoms and lacked evidence of serious trauma.
The claims for income replacement benefits, medical benefits, and a special award were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 27, 2008
