Weekly income benefits terminated; surveillance evidence demonstrated applicant was capable of pre-accident employment tasks.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.
The applicant sought ongoing benefits, claiming a substantial inability to perform the essential tasks of his employment as a vegetable produce trimmer due to low back pain.
The arbitrator reviewed medical evidence and surveillance footage showing the applicant performing strenuous physical activities, such as shovelling heavy snow and rolling a steel drum.
The arbitrator concluded that the applicant's injuries had resolved sufficiently by September 16, 1991, to allow him to return to his pre-accident employment.
Ongoing benefits were denied after that date, but the applicant was awarded arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 29, 1993
