Accident benefits claims dismissed entirely due to applicant's lack of credibility and unproven treatment attendance.
The applicant sought statutory accident benefits, including medical, attendant care, and housekeeping benefits, following a motor vehicle accident.
The insurer denied the benefits, arguing the treatments were not reasonable, necessary, or actually incurred.
The arbitrator dismissed the applicant's claims in their entirety, finding her testimony lacked credibility and was inconsistent with the clinical notes of her regular treating physicians.
The arbitrator drew adverse inferences from the applicant's failure to call treating practitioners or her son, who allegedly provided care, and concluded the claimed services were either not provided or not reasonably required.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 18, 2014
