Keith Campbell v. State Farm Mutual Automobile Insurance Company, 2000 ONFSCDRS 103

Financial Services Commission of Ontario

Neutral Citation: 2000 ONFSCDRS 103

FSCO A98-000591

BETWEEN:

KEITH CAMPBELL

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: William J. Renahan

Heard: May 1, 2, 3, 4 and 5, 2000, at the Offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Myron Sidenberg for Mr. Campbell Robert S. Franklin for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Keith Campbell, was injured in a motor vehicle accident on October 5, 1996. He applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company ("State Farm"), payable under the Schedule.¹ State Farm terminated weekly income replacement benefits on February 6, 1997. The parties were unable to resolve their disputes through mediation, and Mr. Campbell applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issues in this hearing are:

1. Is Mr. Campbell entitled to weekly income replacement benefits after February 6, 1997 pursuant to section 7 of the Schedule?

2. Is Mr. Campbell entitled pursuant to section 36 of the Schedule to payment of $3,885.50 for chiropractic treatment?

3. Is Mr. Campbell entitled to a special award pursuant to subsection 282(10) of the Insurance Act?

4. Is either party entitled to expenses of the arbitration proceeding pursuant to subsection 282(11) of the Insurance Act?

Result:

1. Mr. Campbell is not entitled to income replacement benefits after February 6, 1997.

2. Mr. Campbell is not entitled to payment of expenses for chiropractic treatment.

3. Mr. Campbell is entitled to a special award of $1,300.

4. The issue of entitlement to expenses is deferred.

EVIDENCE AND ANALYSIS:

Mr. Campbell is 45 years old. On October 5, 1996 he was on holiday from his assembly job and was driving his vehicle with his wife and two children. He intended to drop his wife off at work and take his 15-year-old son and 18-year-old daughter to a pick-your-own vegetable farm. He was travelling on highway 401 in Toronto when a vehicle in front of him struck a stalled vehicle and spun into his lane. He suffered injuries when his vehicle struck the other vehicle.

His chief complaint to the ambulance attendant was neck pain. He spent the day in hospital and was discharged that evening with a diagnosis of whiplash. The next day he could hardly move. A few days after the accident, he went to a pound to remove things from his vehicle which was damaged beyond repair. He visited his family doctor, Dr. Brian Lang, who in his disability certificate, noted that Mr. Campbell had injuries to his neck, back, chest wall and arms. He found that Mr. Campbell was tearful and emotional and recommended the Canadian Back Institute. Dr. Lang thought