Appeal dismissed; arbitrator properly considered applicant's physical capacity observed during hearing to assess credibility.
The appellant appealed an arbitration decision denying her claim for weekly income benefits following a motor vehicle accident.
The arbitrator had concluded that the appellant's symptoms were not substantially disabling, relying in part on observations of the appellant sitting for long periods during the hearing, which contradicted her subjective complaints to her doctors.
On appeal, the appellant argued the arbitrator erred by relying on these observations.
The Director's Delegate dismissed the appeal, finding that the arbitrator made appropriate use of her observations to evaluate the accuracy of the subjective complaints underlying the medical opinions.
The appellant was awarded $750 in appeal expenses because the appeal raised an important issue regarding an arbitrator's ability to observe and consider physical capacity during a hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 26, 1996
