Applicant awarded ongoing income benefits but ordered to repay benefits received while fraudulently concealing temporary employment.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them, alleging he could return to work.
The arbitrator found the applicant remained substantially unable to perform the heavy physical tasks of his pre-accident employment as a sheeter-decker, relying on the court-appointed medical expert.
However, the arbitrator also found the applicant had fraudulently concealed temporary employment as a tow truck operator while receiving benefits.
Consequently, the applicant was ordered to repay the benefits received during those weeks and was denied his expenses for the arbitration proceeding.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 3, 1992