Application for ongoing weekly income benefits dismissed due to applicant's lack of credibility and surveillance evidence.
The applicant was injured in a motor vehicle accident and received weekly income benefits for three years.
The insurer terminated benefits, and the applicant sought arbitration to reinstate them under section 12(5)(b) of the Statutory Accident Benefits Schedule, claiming he was continuously prevented from engaging in any suitable occupation.
The arbitrator dismissed the application, finding the applicant's evidence regarding his post-accident employment and level of disability to be unreliable and not credible.
This finding was supported by surveillance video showing the applicant at his former workplace and medical evidence suggesting symptom magnification and voluntary simulation.
The applicant's claim for arbitration expenses was also denied due to his lack of credibility.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 3, 1996
