Claim for ongoing weekly income benefits dismissed as applicant failed to prove continuous disability.
The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits for three years.
He applied for ongoing benefits, claiming physical and psychological disability prevented him from working.
The arbitrator found that while the applicant suffered a herniated disc from the accident, he exaggerated his symptoms and his psychological condition was caused by pre-existing and psycho-social factors unrelated to the accident.
The arbitrator concluded the applicant retained the capacity and skills for suitable employment, such as a retail clerk or in construction trades, and dismissed the claim for ongoing benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 18, 1995
