Income replacement benefits denied; applicant's subjective complaints of disabling pain found not credible.
The applicant was struck by a slow-moving vehicle while walking in a parking lot and claimed ongoing income replacement benefits for chronic pain.
The insurer terminated benefits based on an independent medical examination finding no objective injury.
At arbitration, the arbitrator found the applicant's subjective complaints of disabling pain were not credible, noting inconsistencies in her testimony regarding child care, her refusal of recommended treatments, and surveillance video showing her walking briskly and moving freely.
The arbitrator concluded the applicant failed to prove she was substantially disabled from performing the essential tasks of her employment and dismissed the claim.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 2, 2000
