What is the impact of inconsistent testimony in a medical malpractice case?
Ontario, Canada
The following excerpt is from Decision No. 2100/11, 2012 ONWSIAT 1038 (CanLII):
Based on the substantial inconsistencies in the worker’s account of the relevant events over time, and having adopted the test quoted above from Faryna v. Chorney and applied it, I have determined that I am unable to accord any weight to the worker’s testimony where it is not supported by other reliable evidence. (c) The parties’ submissions
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