Accident benefits largely denied due to applicant's lack of credibility and resumption of bodybuilding activities.
The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement, attendant care, housekeeping, and medical benefits.
The arbitrator found the applicant lacked credibility, noting numerous contradictions and inconsistencies in his testimony and medical evidence.
The applicant had resumed working as a personal fitness trainer and participating in bodybuilding competitions during the period he claimed to be disabled.
The claims for income replacement, attendant care, and housekeeping benefits were dismissed due to a lack of credible evidence.
However, the arbitrator approved one treatment plan for $3,510.00 and the cost of an MRI for $569.80, finding them reasonable and necessary based on the credible testimony of the treating chiropractor.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 1, 2013
