Claim for ongoing accident benefits dismissed as surveillance evidence contradicted applicant's subjective reports of total disability.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them at the three-year mark.
The applicant sought ongoing weekly income benefits, claiming total disability due to chronic pain and restricted neck movement.
The arbitrator found the applicant's subjective complaints of pain and limitation to be unreliable, noting significant discrepancies between her presentation to doctors and her fluid movements captured on video surveillance.
Relying on objective functional capacity evaluations, the arbitrator concluded the applicant was capable of returning to sedentary work and had unreasonably resisted rehabilitation efforts.
The claim for ongoing benefits was dismissed, save for a six-week period of benefits awarded for recovery following a related ear surgery.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 18, 1999
