Statutory accident benefits denied; arbitrator found applicant was malingering based on surveillance and expert evidence.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment due to mental and behavioural disorders, non-earner benefits, and attendant care benefits.
The arbitrator dismissed all claims, finding that the applicant was malingering.
The arbitrator rejected the applicant's expert evidence due to flawed methodology and inconsistencies, preferring the insurer's expert and surveillance evidence which showed the applicant engaging in normal daily activities.
The arbitrator also found the accident involved minor forces comparable to everyday activities, making the claimed severe impairments implausible.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 5, 2018
