Claim for ongoing weekly accident benefits dismissed as surveillance evidence showed applicant resumed pre-accident tasks.
The applicant was injured in a motor vehicle accident and received weekly statutory accident benefits until the insurer terminated them.
The applicant sought ongoing benefits, claiming he was substantially unable to perform his essential pre-accident tasks.
The arbitrator found that the applicant's pre-accident tasks were minimal, consisting mainly of self-care activities, as he was unemployed and not actively looking for work.
Relying on surveillance evidence that showed the applicant driving, bending, and performing maintenance on his car, the arbitrator concluded that he had resumed his pre-accident tasks by the time benefits were terminated.
The claim for ongoing weekly benefits was dismissed, but the applicant was awarded his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 24, 1995
