2 total
Arbitrator dismisses all accident benefit claims of mother and son due to lack of credibility and fabricated evidence.
The applicants, a mother and son, sought statutory accident benefits following separate motor vehicle accidents.
The mother claimed ongoing caregiver benefits, housekeeping expenses, and medical benefits, including a Kenko mattress system.
The son claimed caregiver benefits, education disability benefits, and physiotherapy expenses.
The arbitrator dismissed all claims, finding both applicants lacked credibility.
The mother's evidence regarding her inability to perform caregiving and housekeeping duties was contradicted by objective medical assessments and home assessments.
The son's claim that he was the primary caregiver for his sisters was found to be frivolous and fabricated.
The arbitrator awarded the insurer one-fourth of its expenses in respect of the arbitration due to the son's application being frivolous and made in bad faith.
Accident benefits denied and repayment ordered due to applicant's misrepresentations regarding pre-existing conditions.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer had paid weekly benefits and physiotherapy expenses but terminated them, arguing the applicant no longer suffered a substantial inability to perform essential tasks, and sought repayment of benefits paid after March 1992.
The arbitrator found the applicant and her family physician lacked credibility, noting they had deliberately withheld information about significant pre-existing conditions and a prior work-related accident.
Concluding that the motor vehicle accident did not materially aggravate her pre-existing conditions, the arbitrator dismissed the claims for ongoing benefits and ordered the applicant to repay the weekly benefits and physiotherapy expenses received after March 16, 1992.
The applicant's claim for arbitration expenses was also denied.
No linked lawyers found.
No linked judges found.
