Accident benefits denied as treatment plans were unsigned and injuries fell within the Minor Injury Guideline.
The Applicant sought accident benefits for physiotherapy and massage therapy following a rear-end motor vehicle collision.
The Insurer denied the claims on the basis that the Applicant's injuries fell within the Minor Injury Guideline (MIG) and the treatment plans were unsigned.
The Arbitrator dismissed the Applicant's claims, finding that the Applicant failed to sign the OCF-18 treatment plans as required by section 38(3) of the SABS.
Furthermore, the Arbitrator accepted the Insurer's expert medical evidence that the Applicant's soft tissue injuries were treatable within the MIG and that the Applicant did not suffer from chronic pain.
The Insurer was awarded its expenses for the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 16, 2017