Application for accident benefits dismissed due to lack of credibility and failure to prove ongoing impairments.
The applicant was injured in a motor vehicle accident in 2008 and sought ongoing income replacement benefits, housekeeping benefits, and medical benefits for psychological treatment.
The insurer terminated benefits, relying on surveillance evidence and medical assessments indicating the applicant's condition had improved and he was exaggerating symptoms.
The arbitrator found the applicant's evidence lacked credibility, noting he failed to disclose a subsequent 2010 accident to assessors and attributed impairments from the second accident to the first.
The application for arbitration was dismissed, as the applicant failed to prove a complete inability to engage in suitable employment or a substantial inability to perform housekeeping tasks.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 12, 2014
