Applicant's claims for additional accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The Applicant was injured in a motor vehicle accident and sought accident benefits from the Insurer.
The Insurer determined that the Applicant's injuries fell within the Minor Injury Guideline (MIG) and paid the maximum $3,500 limit.
The Applicant argued that her pre-existing injuries, chronic pain, and psychological impairments warranted removal from the MIG.
The Arbitrator found that the Applicant failed to provide compelling evidence of a pre-existing condition that would prevent her from achieving maximal recovery within the MIG.
The Arbitrator also found no persuasive evidence of chronic pain or psychological impairment resulting from the accident.
As the Insurer had already paid the maximum amount under the MIG, the Applicant's claims for additional medical benefits and examination costs were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 12, 2017