Application for statutory accident benefits and catastrophic impairment designation dismissed due to lack of credibility.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment, attendant care, caregiver, medical, and housekeeping benefits.
The arbitrator found that the applicant failed to prove her entitlement on a balance of probabilities, noting significant issues with her credibility, evidence of malingering, and a failure to disclose pre-existing medical conditions.
The arbitrator preferred the evidence of the insurer's medical experts, who concluded that the applicant had reached maximum medical recovery and did not meet the threshold for catastrophic impairment.
All claims for benefits were denied.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 26, 2018