Dr. F. K. Deegan

The applicant was injured in a motor vehicle accident while disembarking from a TTC bus.

She sustained soft tissue injuries to her right hip and ankle.

While undergoing physiotherapy for these injuries, she was required to perform a functional capacity evaluation, during which she sustained further injuries to her neck, back, and upper extremities.

The insurer terminated her income replacement benefits, arguing that the new injuries were not directly caused by the accident.

The arbitrator held that the 'as a result of' test in the SABS-1996 should be interpreted consistently with common law principles of causation and remoteness.

The arbitrator found that the injuries sustained during the functional capacity evaluation were a reasonably foreseeable consequence of treatment for the accident-related injuries, and there was no intervening cause breaking the chain of causation.

The applicant was awarded ongoing income replacement benefits, as well as various medical, rehabilitation, and housekeeping benefits.

The applicant was injured in a 1996 motor vehicle accident and received statutory accident benefits until the insurer terminated them.

The applicant was subsequently involved in a second accident in 1997.

The insurer argued the ongoing impairments and need for treatment were caused by the second accident.

The arbitrator found that the 1996 accident materially contributed to the applicant's ongoing physical and psychological impairments, including a herniated disc.

The arbitrator ordered the insurer to pay ongoing income replacement benefits, chiropractic and psychological treatment expenses, and a 25% special award for unreasonably withholding payment for psychological treatment.

The claim for housekeeping expenses was dismissed.