Claims for ongoing weekly accident benefits dismissed as applicant failed to prove self-employment or ongoing disability.
The applicant was struck by a car and claimed statutory accident benefits.
He sought weekly income benefits under section 12 of the Schedule, claiming he was self-employed as a tailor.
The arbitrator found the applicant failed to prove he was employed or self-employed at the time of the accident, as he had declared no income and admitted to avoiding work.
The applicant alternatively claimed ongoing non-earner benefits under section 13.
Relying on consistent specialist medical evidence that the applicant had recovered and was exaggerating his symptoms, the arbitrator concluded the applicant did not suffer a substantial inability to perform his essential tasks.
The claims for ongoing benefits were dismissed, but the applicant was awarded his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 12, 1995
