Claim for weekly income benefits dismissed as applicant failed to prove accident-related psychological disability.
The applicant sought statutory accident benefits (weekly income benefits) under the Insurance Act, claiming he suffered from post-traumatic stress disorder (PTSD) following a motor vehicle accident.
The arbitrator found the applicant's account of the accident to be exaggerated and unreliable, noting inconsistencies in medical records and post-accident conduct that contradicted a driving phobia.
The arbitrator rejected the expert evidence of both the applicant's psychiatrist and the insurer's psychologist.
The application for weekly income benefits was dismissed as the applicant failed to prove a disability resulting from the accident, though arbitration expenses were awarded to the applicant.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 14, 1995
