Accident benefits claim dismissed as injuries fell within the Minor Injury Guideline cap.
The Applicant claimed statutory accident benefits for medical treatment and examination costs following a motor vehicle accident.
The Insurer denied the claims on the basis that the Applicant's injuries fell within the Minor Injury Guideline (MIG) and she had exhausted the $3,500 cap.
The Applicant argued she suffered psychological impairments and required treatment outside the MIG.
The arbitrator found no objective evidence of psychological impairment or any pre-existing condition that would prevent maximal recovery within the MIG cap.
The arbitrator accepted the Insurer's expert evidence that the Applicant exaggerated her symptoms and that her physical injuries were minor.
The application for benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 14, 2015