Application for accident benefits dismissed due to unreliable evidence and failure to escape the Minor Injury Guideline.
The applicant sought statutory accident benefits, including income replacement benefits (IRBs) and medical/rehabilitation benefits, following a motor vehicle accident.
The insurer terminated IRBs and denied further treatment plans, arguing the applicant's injuries were minor and did not prevent him from working.
The arbitrator dismissed the application, finding the applicant's evidence regarding his inability to work highly unreliable and contradicted by his employment records and his family doctor's clinical notes.
The arbitrator also held that the applicant's physical and psychological impairments fell within the Minor Injury Guideline (MIG), as there was no compelling evidence from his treating health practitioner that a pre-existing condition would prevent him from achieving maximal recovery within the MIG limits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 12, 2016