Claim for ongoing weekly income benefits dismissed; applicant ordered to repay overpaid benefits.
The Applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the Insurer.
The Applicant sought ongoing benefits, claiming disability due to fibromyalgia and chronic pain.
The arbitrator found that the Applicant did not suffer from a substantial disability preventing her from returning to her pre-accident employment as a legal secretary, noting a lack of objective medical evidence, failure to participate in active rehabilitation, and an adverse inference drawn from her failure to testify.
The Applicant's claim for ongoing benefits was dismissed, and she was ordered to repay $1,797 in overpaid benefits due to her failure to provide timely notice of post-accident income.
The Applicant was awarded one-third of her arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 12, 1995
