Applicant entitled to ongoing weekly income benefits at statutory minimum; ordered to repay overpayment due to fraudulent income records.
The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them, alleging overpayment based on fraudulent income records.
The arbitrator found that the applicant remained substantially unable to perform the essential tasks of her employment and was therefore entitled to ongoing weekly income benefits.
However, the arbitrator accepted the insurer's accounting evidence that the applicant's pre-accident financial records were not genuine.
Consequently, her benefits were reduced to the statutory minimum of $185.60 per week, and she was ordered to repay the overpayment to the insurer pursuant to section 27 of the Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 3, 1994
