Weekly income benefits denied and overpayment ordered repaid after applicant found to have fraudulently inflated pre-accident income.
The Applicant sought weekly income benefits following a motor vehicle accident.
The Insurer terminated benefits on November 24, 1991.
The Arbitrator found that the Applicant failed to prove a substantial inability to perform the essential tasks of his employment after that date.
Furthermore, the Arbitrator determined that the Applicant attempted to defraud the Insurer by claiming to be the beneficial owner of a business to inflate his pre-accident income.
The correct weekly income benefit was calculated based solely on his actual employment income.
As a result, the Applicant was ordered to repay an overpayment of $12,682.82 plus interest to the Insurer, and his claim for arbitration expenses was denied due to his fraudulent conduct.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 18, 1993
