Application for post-104 week IRBs dismissed due to unreliable evidence of pain and symptom exaggeration.
The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) for 104 weeks.
The respondent terminated IRBs on the basis that the applicant did not meet the post-104 week test of a complete inability to engage in any suitable employment.
The applicant applied to the Licence Appeal Tribunal for dispute resolution.
The Tribunal found the applicant's evidence regarding his pain levels to be unreliable, noting evidence of symptom exaggeration and malingering from the respondent's expert assessors.
The Tribunal concluded the applicant failed to prove he suffered a complete inability to engage in suitable employment and dismissed the claims for IRBs, interest, and a special award.
17-004229 v The Guarantee Company of North America, 2018 CanLII 112115
