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Housekeeping benefits claim dismissed due to lack of credibility and fabricated evidence.
The applicant sought statutory accident benefits for housekeeping and home maintenance expenses following a motor vehicle accident.
The insurer argued the applicant was precluded from claiming the benefits due to a failure to provide timely notice and particulars, and disputed the entitlement on the merits.
The arbitrator found that the delay in providing particulars did not bar the claim, as the remedy for such a breach is a delay in payment, not forfeiture.
However, the arbitrator dismissed the claim on the merits, finding the applicant and her witness lacked credibility due to numerous inconsistencies, fabricated evidence, and poor recall.
The applicant failed to prove the expenses were reasonable and necessary.
