Income replacement benefit denied; surveillance evidence undermined applicant's credibility regarding self-reported physical limitations.
The applicant sought an income replacement benefit following a motor vehicle accident, claiming he was substantially unable to perform the essential tasks of his pre-accident employment as an automobile garage owner.
The respondent insurer terminated the benefit and relied on surveillance evidence that contradicted the applicant's self-reported limitations.
The adjudicator found the applicant's medical evidence relied heavily on his self-reports, which were undermined by surveillance showing him walking without a cane, driving, and bending without visible difficulty.
The application was dismissed as the applicant failed to prove on a balance of probabilities that he suffered a substantial inability to perform his essential tasks.
OLATOntario Licence Appeal TribunalFeb 3, 2017
