Application for accident benefits dismissed due to applicant's lack of credibility regarding pre-accident function and employment duties.
The applicant sought statutory accident benefits, including income replacement and housekeeping benefits, following a motor vehicle accident.
The insurer denied the claims, and the applicant applied for arbitration.
The arbitrator dismissed the application, finding the applicant lacked credibility regarding his pre-accident job duties and a pre-existing wrist injury.
The arbitrator preferred the evidence of the applicant's employer, who testified that the applicant's job was sedentary and did not involve the heavy tasks he claimed he could no longer perform.
The claims for income replacement, housekeeping benefits, and a special award were denied.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 3, 2014