Claims for weekly and childcare benefits dismissed due to lack of credibility and pre-existing psychogenic disability.
The applicant was injured in a motor vehicle accident and applied for weekly and childcare benefits under the No-Fault Benefits Schedule.
The insurer denied the benefits, arguing that the applicant's disability resulted from a previous workplace injury.
The arbitrator found the applicant lacked credibility due to inconsistencies between his testimony and prior statements regarding his pre-accident activities.
Relying on medical reports indicating that the applicant's post-accident condition was substantially the same as his pre-accident condition and that his disability was largely psychogenic, the arbitrator concluded the applicant failed to prove he was substantially unable to perform his essential tasks as a result of the accident.
The claims for weekly and childcare benefits were dismissed, but the applicant was awarded his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 2, 1993
