Weekly income benefits reinstated for a limited period; ongoing disability claim dismissed based on surveillance video.
The applicant, a self-employed bricklayer, was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.
The applicant sought reinstatement of benefits, claiming ongoing disability due to chronic neck and back pain.
The arbitrator found that while the applicant's pre-existing degenerative disc disease was aggravated by the accident, surveillance video demonstrating the applicant laying bricks showed he no longer had physical limitations preventing him from working.
The arbitrator concluded the applicant was entitled to benefits up to July 31, 1993, but failed to prove ongoing disability beyond that date.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 10, 1996
