Application for ongoing weekly income benefits dismissed due to lack of credibility and contradictory surveillance evidence.
The applicant was injured on a transit bus and received weekly income benefits until they were terminated.
She applied for arbitration to reinstate the benefits, claiming a substantial inability to perform the essential tasks of her employment as a ceramic factory worker.
The arbitrator found the applicant's testimony regarding her pain and inability to work lacked credibility, preferring the objective medical evidence of orthopaedic specialists and surveillance footage showing her performing physical tasks without apparent difficulty.
The application for further weekly income benefits was dismissed, though the applicant was awarded her arbitration expenses.
Elena Ercoli v. Toronto Transit Commission (Markel Insurance Company of Canada), 1994 ONICDRG 2
