Accident benefits claims dismissed entirely due to devastating surveillance evidence and unreliable, altered expert medical reports.
Three family members sought statutory accident benefits following a minor motor vehicle collision.
The arbitrator dismissed all claims for income replacement, caregiver, attendant care, housekeeping, and medical/rehabilitation benefits.
The arbitrator found the applicants were not credible, relying heavily on surveillance evidence that contradicted their reported disabilities.
Furthermore, the applicants' expert medical evidence was rejected due to altered clinical records, failure of experts to testify, and reliance on inaccurate self-reporting.
Claims for interest, a special award, and arbitration expenses were also dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 18, 2013
