Application for ongoing caregiver and housekeeping benefits dismissed due to applicant's vague and contradictory evidence.
The applicant was injured in a rear-end motor vehicle accident and received statutory accident benefits, including caregiver and housekeeping benefits, which were subsequently terminated by the insurer.
The applicant sought ongoing caregiver benefits, housekeeping expenses, and the cost of medical reports.
The arbitrator found the applicant's testimony regarding her pre-accident and post-accident activity levels to be vague and contradictory, and noted inconsistencies with surveillance evidence.
Consequently, the arbitrator concluded that the applicant failed to establish on a balance of probabilities that she suffered a substantial inability to engage in caregiving activities or a partial inability to carry on a normal life.
The medical opinions were also deemed unreliable as they were based on the applicant's unreliable self-reporting.
The application for ongoing benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 14, 1997
