Application for accident benefits dismissed; injuries remain within the Minor Injury Guideline and IRB denied.
The applicant sought statutory accident benefits following a motor vehicle accident while working as an Uber driver.
The insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that he was not entitled to an income replacement benefit (IRB).
The Tribunal found that the applicant's physical injuries were predominantly minor and that he failed to prove a psychological impairment, noting inconsistencies in his self-reporting and surveillance video showing him performing various physical tasks.
The Tribunal also dismissed the claim for IRBs, finding no medical evidence that the applicant suffered a substantial inability to perform the essential tasks of his employment.
As the MIG limits were exhausted, the claims for further treatment plans and assessments were dismissed.
OLATOntario Licence Appeal TribunalNov 1, 2023