Accident benefits denied; applicant failed to prove complete inability to carry on a normal life.
The applicant sought statutory accident benefits following a 2014 motor vehicle accident, claiming entitlement to non-earner benefits, medical benefits for orthotics and physical therapy, and the cost of examinations for a chronic pain assessment and a Functional Abilities Evaluation.
The arbitrator dismissed all claims.
Relying on surveillance evidence and the insurer's expert reports, the arbitrator found the applicant did not suffer a complete inability to carry on a normal life.
The arbitrator also found the applicant's expert testimony inconsistent and unreliable, concluding that the proposed treatment plans and assessments were not proven to be reasonable and necessary.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 21, 2017
