Claims for weekly and childcare benefits dismissed due to lack of credibility and pre-existing psychogenic disability.
The applicant was injured in a motor vehicle accident and applied for weekly and childcare benefits under the No-Fault Benefits Schedule.
The insurer denied the benefits, arguing that the applicant's disability resulted from a previous workplace injury.
The arbitrator found the applicant lacked credibility due to inconsistencies between his testimony and prior statements regarding his pre-accident activities.
Relying on medical reports indicating that the applicant's post-accident condition was substantially the same as his pre-accident condition and that his disability was largely psychogenic, the arbitrator concluded the applicant failed to prove he was substantially unable to perform his essential tasks as a result of the accident.
The claims for weekly and childcare benefits were dismissed, but the applicant was awarded his arbitration expenses.
Bahadur Chhokar v. Allstate Insurance Company of Canada, 1993 ONICDRG 74
