Claims for statutory accident benefits dismissed due to inconsistent evidence and failure to prove substantial inability.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for caregiving, housekeeping, attendant care, and medical expenses, as well as a special award.
The arbitrator found that the applicant failed to establish on a balance of probabilities that she suffered a substantial inability to perform her pre-accident caregiving and housekeeping tasks, or that she required the claimed attendant care assistance.
The arbitrator noted inconsistencies in the applicant's evidence, her failure to disclose her ongoing receipt of ODSP benefits to medical assessors, and preferred the evidence of the insurer's occupational therapist who found the applicant could perform her activities of daily living with assistive devices.
All claims for benefits, interest, and a special award were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 18, 2016
