Accident benefits claim largely dismissed due to exaggerated symptoms shown on surveillance; minor treatment and special award granted.
The applicant, a public transit passenger, sought statutory accident benefits for soft tissue injuries sustained when his streetcar collided with a truck.
He claimed over $13,000 for chiropractic treatment and the cost of an examination report.
The arbitrator found that the applicant significantly exaggerated his injuries, relying on surveillance evidence that contradicted his severe complaints.
The treating chiropractor's evidence was rejected as unreliable.
However, based on an independent assessment recommendation, the arbitrator awarded $380 for four treatment sessions.
A $200 special award was also granted because the insurer unreasonably denied payment for those four recommended sessions.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 20, 2007
