Arbitration order denying income benefits rescinded due to factual errors undermining adverse credibility findings.
The appellant was injured in a motor vehicle accident and claimed weekly income benefits for chronic pain and depression.
The arbitrator denied the claim, finding the appellant not credible based on alleged pre-existing conditions, surveillance evidence, and hearing observations.
On appeal, the Director's Delegate found that the arbitrator made serious factual errors regarding the pre-accident medical records and misapprehended the surveillance evidence.
Because these errors undermined the core credibility findings, the appeal was allowed, the arbitration order was rescinded, and the matter was remitted for a new hearing before a different arbitrator.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 1, 1999
