Accident benefits denied due to lack of objective disability and severe credibility issues.
The applicant sought income replacement and supplementary medical benefits following a 1994 motor vehicle accident.
The insurer terminated benefits, arguing the applicant could return to his pre-accident employment as a shipper/receiver.
The arbitrator found that the applicant suffered only soft-tissue injuries, not a cervical disc herniation, and that these injuries did not substantially disable him from his essential tasks.
The applicant's credibility was severely undermined by his failure to disclose pre-existing injuries, inconsistent symptom reporting, and surveillance evidence.
The insurer's claim for repayment of benefits due to undisclosed workers' compensation benefits was dismissed because the WCB benefits were permanent, not temporary.
The applicant's claims were dismissed, but he was awarded half his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 25, 1997
