Claims for income replacement, medical benefits, and catastrophic impairment dismissed due to insufficient evidence and failure to account for pre-existing conditions.
The applicant sought income replacement benefits, medical benefits, and a determination of catastrophic impairment following a 2008 motor vehicle accident.
The arbitrator dismissed the claims, finding the applicant failed to prove a complete inability to engage in employment for the IRB claim.
The medical benefit claim was not properly linked to the 2008 accident.
The catastrophic impairment claim failed because the applicant's assessments did not properly account for pre-existing conditions as required by the AMA Guides, and the evidence did not establish a marked impairment resulting directly from the 2008 accident.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 12, 2017