Claim for weekly income benefits dismissed due to lack of credibility and contradictory surveillance evidence.
The applicant sought weekly income benefits following a motor vehicle accident, claiming he was continuously disabled from returning to his pre-accident employment or any suitable alternative due to physical and psychological injuries.
The insurer terminated benefits and sought repayment of overpaid amounts related to Canada Pension Plan deductions.
The arbitrator dismissed the applicant's claims, finding him not credible due to significant inconsistencies in his medical history, misrepresentations to health practitioners, and surveillance evidence demonstrating physical capabilities far exceeding his reported limitations.
The arbitrator concluded the applicant failed to establish that the accident materially contributed to his ongoing complaints or that he met the disability tests under the Statutory Accident Benefits Schedule.
The insurer's claim for repayment was also dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 29, 1998
