Claim for ongoing income replacement benefits dismissed due to unreliable income records and surveillance evidence.
The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits for approximately one year.
He disputed the insurer's termination of benefits, claiming a substantial inability to perform the essential tasks of his occupation due to reduced working hours, and later claiming he was continuously prevented from engaging in any suitable occupation.
The arbitrator found the applicant's self-reported post-accident income records lacked credibility, particularly when contradicted by surveillance evidence showing he worked longer hours and took more fares than recorded.
The arbitrator concluded the applicant was capable of working 12-hour shifts and did not suffer a substantial inability, except for a brief period following sinus surgery.
The claim for ongoing benefits was dismissed as the temporary disability did not meet the continuity requirement.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 31, 1999
