Application for accident benefits dismissed due to insufficient evidence and lack of credibility.
The applicant claimed statutory accident benefits following a motor vehicle accident in November 2009.
She sought medical, caregiver, attendant care, and housekeeping benefits.
The arbitrator found the applicant's evidence to be vague, insubstantial, and prone to exaggeration.
The arbitrator preferred the evidence of the insurer's occupational therapist, who observed the applicant in her home and concluded she did not suffer a substantial inability to perform caregiving or housekeeping tasks.
The applicant failed to prove her entitlement to the claimed benefits on a balance of probabilities.
The application was dismissed, with the issues of a special award and expenses deferred.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 4, 2013
