Claims for statutory accident benefits dismissed due to lack of credibility and contradictory surveillance evidence.
The applicant sought statutory accident benefits for caregiving, housekeeping, and medical expenses following a motor vehicle accident.
The arbitrator dismissed all claims, finding the applicant's evidence regarding her inability to perform caregiving and housekeeping tasks to be inconsistent, contradictory, and lacking credibility.
Surveillance evidence showed the applicant performing tasks she claimed to be unable to do.
The arbitrator preferred the medical evidence of the insurer's assessors over the applicant's practitioners.
The claim for medical benefits was also dismissed as the applicant admitted she did not receive the recommended chiropractic treatments, and further massage therapy was deemed not reasonable or necessary.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 9, 2009
