Claims for statutory accident benefits dismissed due to symptom magnification and lack of credible evidence.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including non-earner, attendant care, and housekeeping benefits, which the insurer denied.
The arbitrator found significant credibility issues with the applicant's evidence, noting surveillance footage that contradicted his claimed limitations and medical assessments indicating symptom magnification.
The arbitrator concluded that the applicant's ongoing issues were likely related to pre-existing degenerative conditions rather than the accident.
Consequently, the applicant failed to prove a complete inability to carry on a normal life or a reasonable necessity for the claimed attendant care and housekeeping services.
All claims for benefits, a special award, and interest were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 29, 2014
