The Applicant was involved in a minor rear-end motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment, income replacement benefits, attendant care, housekeeping, and medical benefits.
The arbitrator found that the Applicant had provided an inaccurate narrative of the accident to his medical assessors, falsely claiming he had struck his head and lost consciousness.
Relying on the insurer's medical experts, the arbitrator concluded the Applicant did not sustain a catastrophic impairment, as his whole person impairment was 24% and his mental/behavioural impairments were mild to moderate.
The claim for ongoing income replacement benefits was dismissed because the Applicant had returned to work shortly after the accident.
The arbitrator granted the claims for attendant care benefits for the first 104 weeks and the cost of psychological examinations, but dismissed the claims for housekeeping benefits and an orthopedic mattress due to lack of proof and exaggeration.
