Post-156 week income benefits terminated after brief work-hardening extension due to symptom embellishment and residual capacity.
The applicant was injured in a motor vehicle accident and received statutory accident benefits for 156 weeks.
The insurer terminated weekly income benefits at the three-year mark.
The applicant sought ongoing benefits under section 12(5) of the Schedule, claiming continuous inability to engage in suitable employment due to soft tissue injuries, fibromyalgia, and depression.
The arbitrator found evidence of symptom embellishment and concluded the applicant was capable of sedentary work or returning to his previous administrative courier duties.
The arbitrator awarded a brief extension of benefits for a four-month 'work hardening' period, terminating on January 29, 1994.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 15, 1995
