Claim for ongoing weekly income benefits dismissed due to lack of objective medical evidence and credibility issues.
The applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the insurer.
The applicant sought arbitration, claiming ongoing physical and psychological disability preventing him from working as a taxi driver.
The arbitrator found the applicant lacked credibility due to inconsistencies in his testimony and reliable medical records indicating pre-existing conditions.
The medical evidence did not establish an objective physical basis for his ongoing pain complaints, nor did it prove his psychological issues were caused by the accident.
The claim for ongoing weekly income benefits was dismissed, though the arbitrator confirmed the correct quantum of benefits was $540.00 per week and awarded the applicant his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 29, 1996
