Application for accident benefits dismissed as impairments were caused by a subsequent workplace assault.
The applicant sought statutory accident benefits following a motor vehicle accident, including medical benefits, housekeeping expenses, and the cost of a functional abilities evaluation.
The insurer denied the claims, arguing that the applicant's ongoing impairments were caused by a subsequent workplace assault and robbery, not the motor vehicle accident.
The arbitrator dismissed the application, finding that the medical documentation contemporaneous with the workplace assault attributed the applicant's injuries to that event.
The arbitrator concluded that the disputed treatment plans and assessments were not reasonable or necessary, and the applicant failed to prove a substantial inability to perform pre-accident housekeeping tasks as a result of the motor vehicle accident.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 18, 2009