Arbitrator rules applicant's injuries fall within Minor Injury Guideline; insurer's overpayment does not waive limit.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.
The central issues were whether the applicant's injuries fell within the Minor Injury Guideline (MIG) and whether the insurer's payment of over $3,500 in treatment costs constituted a waiver of the MIG limit.
The arbitrator found that the applicant's injuries were minor and that the insurer did not waive the MIG limit simply by overpaying.
The arbitrator rejected the applicant's experts' diagnoses of chronic pain and WAD III, preferring the insurer's experts who concluded the applicant suffered only soft tissue injuries.
All claims for additional rehabilitation benefits and examination costs were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 17, 2017