Claims for statutory accident benefits dismissed due to unreliable testimony and significant pre-existing medical history.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits for caregiving, attendant care, housekeeping, and a psychological assessment.
The insurer denied the claims.
The arbitrator found the applicant's testimony unreliable and preferred the clinical notes of his family physician, which showed a significant pre-accident history of kidney stones and narcotic drug dependence.
The arbitrator concluded the applicant was not substantially disabled from his pre-accident activities shortly after the accident and was not the primary caregiver of his children.
The claim for the psychological assessment was denied because the application form did not meet the statutory screening requirements and the assessment relied on inaccurate pre-accident history.
All claims, including a claim for a special award, were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 2, 2011
