Ongoing accident benefits denied as applicant's disability stemmed from pre-existing psychological issues, not the collision.
The applicant sought ongoing statutory accident benefits following a motor vehicle accident, claiming physical and psychological disabilities prevented him from working as a superintendent.
The arbitrator found that the applicant suffered from chronic fatigue and psychological issues prior to the accident, stemming from previous torture in Turkey, which had already impaired his job performance.
Medical opinions supporting the applicant's claim were rejected because the experts were unaware of his pre-accident condition.
The arbitrator concluded the accident did not significantly contribute to the applicant's disability, denying further weekly benefits and the insurer's claim for repayment, but awarded reimbursement for a medical report.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 19, 2000