Accident benefits application dismissed entirely due to applicant's lack of credibility and material misrepresentations.
The applicant sought various statutory accident benefits, including income replacement, medical, attendant care, and housekeeping benefits, following a motor vehicle accident.
The arbitrator dismissed the application in its entirety, finding the applicant lacked credibility due to numerous inconsistencies, deliberate misrepresentations about his living arrangements, and evidence of symptom exaggeration.
The arbitrator also found that the applicant made a material misrepresentation by failing to notify the insurer that he was residing and working in Illinois, which voided his entitlement to income replacement and housekeeping benefits under section 30(2) of the Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 8, 2009
