The applicant was injured in a motor vehicle accident in January 1991 and received weekly income benefits until January 1994.
She applied for arbitration to reinstate her benefits, claiming ongoing disability from headaches, neck pain, and psychological issues.
The arbitrator found that while the applicant had ongoing symptoms, surveillance video and an independent medical examination demonstrated she had a significantly higher level of function than claimed.
The arbitrator concluded that unrelated stressors, rather than the minor accident, were the significant contributing factors to any ongoing disability after August 1994.
The applicant was awarded weekly income benefits from January 16, 1994, to August 19, 1994.
The arbitrator declined to rule on the insurer's request to deduct Canada Pension Plan disability benefits, finding the issue of the benefit rate was not properly before the tribunal.