Statutory accident benefits claims dismissed due to lack of credibility and limitation period expiry.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including income replacement, medical, and housekeeping benefits.
The insurer denied the claims.
At arbitration, the arbitrator found the applicant's testimony regarding his employment and job offers to be inconsistent and not credible, dismissing the claim for income replacement benefits.
The housekeeping claim was dismissed as it fell outside the two-year limitation period and lacked credible evidence.
The medical benefits claim for a work hardening program was dismissed based on the persuasive testimony of the insurer's expert chiropractor, who concluded the treatment was not reasonable or necessary.
All claims were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 29, 2007