Arbitrator dismissed accident benefits claims, finding the applicant malingered and exaggerated injuries from a minor collision.
The applicant was injured in a minor rear-end motor vehicle accident and received income replacement benefits until they were terminated following a DAC assessment.
He applied for arbitration seeking reinstatement of IRBs, a loss of earning capacity benefit offer, and transportation expenses, claiming severe psychological and physical impairments.
The arbitrator dismissed the claims, finding that the applicant exaggerated his symptoms and was malingering.
The arbitrator concluded that the applicant's physical complaints were related to pre-existing conditions, including post-polio syndrome and degenerative disc disease, and that the minor impact of the collision could not account for his extreme clinical presentation.
Video surveillance showing the applicant walking normally without a cane further undermined his credibility.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 23, 1999
