Accident benefits denied; applicant failed to prove motor vehicle accident caused subsequent cardiac arrest.
The applicant was involved in a motor vehicle accident and suffered a cardiac arrest twelve days later, resulting in severe anoxic brain damage.
He sought various accident benefits, arguing the accident caused increased stress that led to the heart attack.
The Tribunal dismissed the application, finding the applicant failed to meet the 'but for' causation test.
Relying on medical evidence of advanced pre-existing coronary artery disease and the lack of documented stress complaints immediately post-accident, the Tribunal concluded the accident was not a necessary cause of the cardiac arrest.
The applicant's physical injuries were deemed soft-tissue in nature and subject to the Minor Injury Guideline.
OLATOntario Licence Appeal TribunalSep 29, 2020
