Claims for income replacement benefits and a replacement penile prosthesis dismissed due to lack of objective evidence.
The applicant sought income replacement benefits and the cost of a replacement penile prosthesis following a motor vehicle accident.
The insurer terminated income benefits after medical assessments concluded the applicant was capable of returning to work as a limousine driver.
The arbitrator dismissed the claim for income benefits, finding the applicant's evidence of ongoing disability lacked objective medical support and his credibility was undermined by a failure to disclose pre-accident medical issues.
The claim for a replacement prosthesis was also dismissed, as the evidence indicated the device was malfunctioning prior to the accident.
The applicant was ordered to repay a $3,000 advance provided by the insurer for the prosthesis.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 28, 1997
