The applicant was injured in a motor vehicle accident and claimed 'other disability benefits' under section 19 of the Statutory Accident Benefits Schedule, alleging a partial or complete inability to carry on a normal life due to knee injuries.
The insurer denied the claim on the basis that her medical problems pre-dated the accident.
The arbitrator found that the applicant had significant pre-existing knee and shoulder problems and a sedentary lifestyle prior to the accident.
Relying on the insurer's orthopaedic expert and the family doctor's records, the arbitrator concluded the accident only minimally aggravated her knee condition, disabling her for a brief period.
The applicant was awarded benefits for a closed period from March 22, 1994, to April 16, 1994, along with interest and arbitration expenses.
