Accident benefits claims dismissed and repayment ordered due to wilful misrepresentation of post-accident employment.
The applicant, an international student who was struck by a vehicle while cycling, sought income replacement benefits, medical benefits, and lost educational expenses from the respondent insurer.
The adjudicator dismissed the applicant's claims, finding that he failed to establish his pre-accident employment and income, and did not provide compelling medical evidence of disability.
The claims for medical benefits were dismissed because the applicant had exhausted the $65,000 non-catastrophic funding limit.
Furthermore, the adjudicator ordered the applicant to repay $10,513.56 in overpaid income replacement benefits, concluding that the applicant committed wilful misrepresentation by failing to disclose his return to work and post-accident earnings.
OLATOntario Licence Appeal TribunalSep 12, 2024