Applicant's injuries fell outside the Minor Injury Guideline, but IRB claim dismissed for non-compliance.
The applicant was injured in a rear-end motor vehicle accident and sought accident benefits, including an Income Replacement Benefit (IRB), medical benefits, and the cost of examinations.
The arbitrator dismissed the claim for an IRB, finding the applicant failed to prove he was employed at the time of the accident and failed to attend required insurer examinations.
However, the arbitrator found that the applicant's physical and psychological injuries fell outside the Minor Injury Guideline (MIG), preferring the evidence of the applicant's experts over the insurer's experts.
The arbitrator concluded the applicant was not malingering and that the proposed medical treatments and assessments were reasonable and necessary.
The claim for a Special Award was dismissed as the applicant and his counsel contributed to the delays.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 27, 2017