Accident benefits claim dismissed as applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The arbitrator found the applicant's testimony lacked credibility, noting inconsistencies between her evidence at the hearing and her self-reporting to medical experts.
The arbitrator rejected the applicant's expert reports because they relied on her inconsistent narrative and lacked clinical testing details.
The application for arbitration was dismissed, and the insurer was awarded its expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 26, 2016
