Insured back to pre accident activity level and therefore no Non Earner Benefit payable.
Jill Barnes was injured in motor vehicle accidents on September 12, 2006 and on September 14, 2007. She applied for non-earner accident benefits from the Motor Vehicle Accident Claims Fund ("MVAC Fund"), and from TTC Insurance Company Limited ("TTC"), payable under the Schedule. MVAC Fund and the TTC denied her entitlement to non-earner benefits. The parties were unable to resolve their disputes through mediation, and Ms. Barnes applied for arbitration at the Financial Services Commission of Ontario.
According to Ms. Barnes' evidence, she was injured while exiting the rear door of the transit vehicle while following the bus driver's directions to her. During this process she testified that she "hit something" near the door edge of the vehicle with the right side of her body. She claims that in this process her lower right rib cage was impacted in some manner and that this event either caused her to suffer new broken ribs, or exacerbated the earlier injuries to what she had previously described as "cracked ribs." Ms. Barnes was unable to explain exactly how the impact with the vehicle took place and how her rib cage came into contact with the vehicle, as she stated that this happened a long while back.
The issues in this hearing are:
- Is Ms. Barnes entitled to non-earner benefits from either insurer, and if so in what amount
- Ms. Barnes is not entitled to non-earner benefits.
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