Applicant denied ongoing accident benefits and retraining; insurer denied repayment of overpaid benefits.
The Applicant was injured in a motor vehicle accident and received weekly income benefits based on a claimed pre-accident job offer.
The Insurer terminated benefits and sought repayment, alleging the job offer was fraudulent.
The Arbitrator found the Applicant failed to prove the existence of the job offer, reducing his weekly benefit entitlement, but dismissed the Insurer's claim for repayment as it failed to prove the overpayment resulted from the Applicant's error or fraud.
The Arbitrator also dismissed the Applicant's claims for ongoing weekly benefits and vocational retraining, finding he was no longer disabled from working in suitable employment, relying on surveillance evidence and his lack of credibility.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 30, 1996
