Claims for income replacement and attendant care benefits dismissed due to lack of credible evidence.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) and attendant care benefits from his insurer.
The insurer paid IRBs at a rate of $11.00 per week based on a forensic accounting report, which the applicant disputed, claiming $246.40 per week.
The arbitrator found the applicant's testimony regarding his business income and return to work dates lacked credibility and accepted the insurer's expert accounting evidence.
The claim for attendant care benefits was also dismissed, as the applicant's injuries fell within the Minor Injury Guideline and his testimony regarding his need for care was inconsistent and not credible.
Claims for interest and a special award were consequently dismissed, and the insurer was awarded its expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 29, 2016
