Accident benefits claims dismissed as applicant lacked credibility and failed to prove catastrophic impairment.
The applicant sought accident benefits following a motor vehicle accident, claiming her injuries were catastrophic.
The arbitrator found the applicant lacked credibility, noting she had returned to work shortly after the accident, retrained for a more physically demanding job, and was observed on surveillance performing activities she claimed she could not do.
The arbitrator preferred the insurer's expert evidence over the applicant's, concluding the applicant failed to prove her injuries were catastrophic or that the claimed attendant care and medical benefits were reasonable, necessary, and directly caused by the accident.
All claims were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 1, 2017
