Income benefits denied where surveillance evidence contradicted applicant's claims of disabling chronic pain.
The applicant, a taxi driver, was injured when pinned between two vehicles.
He claimed ongoing weekly income benefits, alleging chronic pain and depression prevented him from working.
The insurer terminated benefits after medical assessments indicated he could return to work.
The arbitrator dismissed the claim for ongoing benefits, finding the applicant lacked credibility, exaggerated his symptoms, and had been working covertly at his brother's store, as revealed by surveillance evidence.
The medical opinions supporting disability were rejected as they relied on the applicant's unreliable subjective reporting.
The applicant was awarded one-third of his expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 5, 1997
