Application for IRBs and treatment plans dismissed; surveillance and medical evidence showed symptom magnification and minor injuries.
The applicant, a pedestrian struck by a vehicle, sought Income Replacement Benefits (IRBs) and funding for psychological and chronic pain assessments.
The insurer terminated IRBs after six months and denied the assessments, arguing the applicant's injuries fell within the Minor Injury Guidelines (MIG).
The Tribunal found the applicant did not suffer a substantial inability to perform his essential tasks for the first 104 weeks, nor a complete inability to engage in employment thereafter, relying on surveillance evidence showing him working and medical reports indicating symptom magnification.
The Tribunal also concluded the applicant's injuries were minor, dismissing the claims for the assessments.
OLATOntario Licence Appeal TribunalFeb 6, 2017
