Claim for ongoing weekly income benefits dismissed as video surveillance and medical evidence showed recovery.
The Applicant was injured in a motor vehicle accident and received statutory accident benefits until the Insurer terminated them.
The Applicant applied for arbitration, claiming ongoing entitlement to weekly income benefits.
The Insurer relied on video surveillance and medical reports indicating the Applicant had recovered and was capable of returning to work.
The Arbitrator found that the Applicant's injuries had sufficiently healed by the termination date, noting that his reluctance to return to work was due to job dissatisfaction rather than physical disability.
The claim for ongoing benefits was dismissed, but the Applicant was awarded the expenses of the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 18, 1995