Application for ongoing weekly income benefits dismissed due to lack of disability and evidence of malingering.
The applicant was injured in a motor vehicle accident while a passenger on a bus, suffering a partial amputation of his right middle finger.
He received weekly income benefits until the insurer terminated them, prompting him to seek ongoing benefits, claiming he was substantially unable to perform his pre-accident job as a light assembler due to hypersensitivity and psychological issues.
The arbitrator found that the applicant was capable of performing his pre-accident job and other suitable employment, noting significant evidence of malingering and a lack of motivation to rehabilitate.
The application for ongoing benefits was dismissed, and the applicant was denied his arbitration expenses, though the insurer's request for a penalty for a frivolous proceeding was also denied.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 28, 1995
