Application for ongoing accident benefits dismissed as applicant's ongoing disability was work-related, not accident-related.
The applicant was injured in two motor vehicle accidents and received statutory accident benefits until the insurer terminated them in January 1994.
The applicant sought ongoing weekly income benefits, medical and rehabilitation benefits, and a special award, claiming he was unable to return to his pre-accident job as a welder due to thoracic outlet syndrome and other injuries.
The arbitrator dismissed the application, finding that the applicant's ongoing difficulties were primarily related to pre-existing, work-related conditions rather than the motor vehicle accidents.
Surveillance evidence and the applicant's post-accident recreational activities demonstrated a level of functional ability inconsistent with his claims of severe disability.
The insurer's termination of benefits was deemed reasonable, and no special award was granted.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 19, 1996
