Claim for ongoing weekly income benefits dismissed as applicant was capable of suitable employment.
The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.
The insurer terminated benefits after 156 weeks, arguing the applicant was no longer continuously prevented from engaging in suitable employment.
The arbitrator found that while the applicant could not return to his pre-accident heavy labour job, he was capable of returning to his former employment as a real estate salesperson.
The arbitrator noted the applicant's poor compliance with rehabilitation, evidence of malingering, and video surveillance showing him golfing without difficulty.
The claim for ongoing benefits was dismissed.
The insurer's claim for repayment of benefits was also dismissed as there was no evidence of fraud or error.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 17, 1997
