Application for ongoing weekly income benefits dismissed; applicant failed to prove continuous disability from accident-related injuries.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, and the applicant sought ongoing benefits under section 12(5)(b) of the Statutory Accident Benefits Schedule, claiming she was continuously prevented from engaging in any suitable employment due to back, shoulder, and psychiatric issues.
The arbitrator found that the applicant's pre-existing osteoarthritis and deconditioning were the primary causes of her ongoing complaints, and that she had recovered sufficiently from her accident-related soft tissue injuries to return to her pre-accident employment as a cleaner.
The application for ongoing benefits and a special award was dismissed, though the applicant was awarded her expenses for the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 7, 1997
