Appeal of arbitrator's denial of weekly income benefits dismissed due to adverse credibility findings.
The appellant appealed an arbitrator's decision denying him weekly income benefits following a motor vehicle accident.
The arbitrator had found the appellant's testimony regarding his injuries and prior accidents to be not credible, which compromised the medical evidence relying on his subjective complaints.
The Director's Delegate held that there was sufficient evidence to support the arbitrator's findings of fact and credibility.
The appeal was dismissed, and the appellant was denied his appeal expenses.
The insurer's request for the cost of its assessment was also denied, as the appeal was not found to be frivolous or vexatious.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 15, 1996
