Income replacement benefits denied as applicant found not credible and failed to prove complete inability to work.
The applicant sought income replacement benefits, a special award, and interest following a motor vehicle accident.
She claimed to be completely disabled by chronic pain and psychological distress.
The insurer denied the claims, arguing the applicant was not credible and was malingering.
The arbitrator dismissed the applicant's claims, finding her evidence riddled with inconsistencies, including a failure to report pre-existing medical conditions and psychometric test results indicating a lack of effort or intentional poor performance.
The arbitrator preferred the evidence of the insurer's experts and concluded the applicant failed to prove she suffered a complete inability to engage in employment as a result of the accident.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 15, 2007
