Non-earner benefits denied due to insufficient evidence of pre- and post-accident activities.
The Applicant sought non-earner benefits following a 2013 motor vehicle accident where he was struck as a pedestrian, aggravating a severe pre-existing right knee injury from a 2012 accident.
The insurer denied the claim based on independent medical assessments.
The arbitrator rejected the insurer's medical assessments as flawed for failing to properly consider the pre-existing injury.
However, the arbitrator dismissed the application because the Applicant failed to provide sufficient corroborating evidence of his pre- and post-accident activities of daily living, complicated by his post-accident cocaine addiction and inconsistent living arrangements, to prove he suffered a complete inability to carry on a normal life.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 11, 2018
