Accident benefits denied where surveillance video and lack of credibility undermined claims of total disability.
The applicant was injured in a motor vehicle accident and claimed ongoing weekly income benefits and supplementary medical and rehabilitation benefits.
The insurer terminated benefits and sought repayment, arguing the applicant was not disabled and had returned to work at his pizza store.
The arbitrator found the applicant to be an unreliable and evasive witness, relying on surveillance video showing him working.
The medical evidence supporting disability was rejected due to partiality and lack of complete history.
The applicant's claims for ongoing benefits were dismissed, as was the insurer's claim for repayment.
No expenses were awarded to the applicant due to his lack of credibility.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 14, 1996
