The applicant claimed he was struck by a motor vehicle while crossing the street on July 15, 1998, and sought statutory accident benefits.
The insurer disputed the date and cause of the injuries, arguing the incident occurred on July 16 and did not cause the impairment.
In a preliminary issue hearing, the arbitrator found the applicant's version of events, supported by objective evidence from his workplace and hospital records, established on a balance of probabilities that he sustained an impairment as a result of the motor vehicle incident on July 15, 1998.
The applicant was permitted to proceed to a hearing on his entitlement to benefits.
