Claim for post-156 week income benefits dismissed due to surveillance evidence contradicting claimed disability.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated weekly income benefits after 156 weeks.
The applicant sought ongoing benefits, claiming she was continuously prevented from working as a dressmaker due to chronic pain and fibromyalgia.
The arbitrator dismissed the claim for ongoing benefits, relying heavily on surveillance evidence that contradicted the applicant's reported functional limitations.
However, the arbitrator found that collateral benefits received by the applicant from private disability policies were not deductible from her pre-156 week income benefits, ordering the insurer to pay the shortfall with interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 12, 2002
