Applicant denied ongoing weekly income benefits and ordered to repay $7,936 overpayment.
The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits.
The insurer terminated benefits on the basis that the applicant was no longer substantially unable to perform his essential tasks.
The parties agreed prior to the hearing that the applicant had been overpaid due to an incorrect calculation of his pre-accident income.
The arbitrator found that the medical evidence did not support the applicant's claimed level of disability, concluding that he exaggerated his symptoms and failed to follow medical advice to exercise and return to work.
The arbitrator held that the applicant was not entitled to further benefits and ordered him to repay the $7,936 overpayment.
The applicant was awarded his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 23, 1993
