Claims for catastrophic impairment and accident benefits dismissed as surveillance video contradicted alleged severe impairments.
The Applicant sought statutory accident benefits, including a determination of catastrophic impairment, income replacement benefits, housekeeping, and attendant care, following a 2003 motor vehicle accident.
The Insurer relied on extensive surveillance video taken over four years showing the Applicant driving on highways, running errands, and performing complex tasks, which starkly contradicted the Applicant's presentation to medical assessors and his family's testimony that he was severely cognitively and physically impaired.
The Arbitrator found the Applicant's medical evidence and family testimony unreliable due to the glaring inconsistencies with the objective surveillance evidence.
The Arbitrator preferred the Insurer's medical experts, concluded the Applicant was not catastrophically impaired, and dismissed all claims for benefits and a special award.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 24, 2015
