Accident benefits denied as injuries fell within Minor Injury Guideline and applicant's expert evidence was tainted by conflict of interest.
The Applicant sought statutory accident benefits following a motor vehicle accident.
The Insurer denied several treatment plans and assessments, arguing the Applicant's injuries fell within the Minor Injury Guideline (MIG).
The arbitrator found that the Applicant's psychological and orthopaedic expert reports were tainted by a conflict of interest, as the primary psychologist had a close personal and financial relationship with the Applicant, and other experts relied on her clinic's flawed assessments.
The arbitrator excluded or gave no weight to the Applicant's expert evidence and accepted the Insurer's independent medical examinations.
The arbitrator concluded the injuries were predominantly minor and dismissed the claims for further benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 3, 2017
