Dr. Sharleen McDowall

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant contended that chronic pain and psychological impairments warranted removal from the MIG.

The Tribunal found that the applicant's physical injuries were predominantly minor sprains and strains.

The Tribunal rejected the applicant's claims of chronic pain and psychological impairment, preferring the respondent's psychiatric expert whose opinion aligned with the treating family physician's records.

As the MIG limit was exhausted, the disputed treatment plans and interest were denied.

The employer brought a motion to dismiss the grievances due to the grievor's repeated failure to comply with orders to produce medical records relevant to her claim of mental distress.

The union sought an adjournment sine die, relying on a late-filed psychological report suggesting that disclosure would compromise the grievor's treatment.

The arbitrator rejected the report as a basis for further delay, noting its late introduction and lack of medical rationalization.

Applying the Ontario Labour Relations Board's 'one year rule of thumb' for delay, the arbitrator found presumed prejudice to the employer.

The arbitrator ordered that the grievances be deemed dismissed unless the grievor provided the required consent by the one-year anniversary of the original production order.