Claim for caregiver benefits dismissed as applicant failed to prove substantial inability to perform caregiving activities.
The applicant was injured in a minor motor vehicle accident and sought caregiver benefits under the Statutory Accident Benefits Schedule.
The insurer terminated weekly caregiver benefits, and the applicant applied for arbitration.
The arbitrator found that the applicant's testimony regarding her inability to perform caregiver duties was contradicted by statements she made to various medical assessors.
Relying on independent medical examinations which found no musculoskeletal impairment and noted symptom magnification, the arbitrator concluded the applicant failed to prove a substantial inability to engage in her pre-accident caregiving activities.
The arbitrator also found that any psychological issues were more likely related to pre-existing family stressors rather than the minor accident.
The arbitration was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 22, 2000
