Statutory accident benefits largely denied due to applicant's lack of credibility and symptom magnification.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including non-earner, attendant care, housekeeping, and medical benefits.
The arbitrator found significant credibility issues with the applicant's evidence, noting inconsistencies and symptom magnification.
The claims for non-earner and housekeeping benefits were dismissed as the applicant failed to establish a complete or substantial inability to perform his pre-accident activities.
Attendant care benefits were granted for a limited one-month period.
The arbitrator also awarded the cost of an attendant care assessment, one treatment plan, and a special award due to the insurer's unreasonable delay in paying for the assessment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 23, 2015
