Application for weekly income benefits dismissed due to applicant's deliberate misrepresentation of pre-existing medical conditions.
The applicant sought weekly income benefits following a motor vehicle accident.
The insurer terminated benefits after approximately two and a half years, arguing her ongoing physical complaints were due to a pre-existing condition rather than the accident.
The arbitrator found the applicant lacked credibility, noting she deliberately misrepresented her extensive pre-accident medical history and the severity of her initial injuries to various medical practitioners.
Relying on the insurer's physiatrist, the arbitrator concluded the applicant's pain magnification was conscious and deliberate, and that she failed to establish a causal connection between the minor accident and her alleged disability.
The application for benefits and expenses was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 8, 1996
