Income replacement benefits denied where applicant failed to prove disability and insurer examinations indicated malingering.
The applicant sought income replacement benefits and a determination that her injuries fell outside the Minor Injury Guideline following a minor parking garage collision.
The adjudicator held that the characterization of injuries cannot be a standalone issue when no medical benefits are in dispute.
The claim for income replacement benefits was dismissed because the applicant failed to provide compelling evidence of disability, while the respondent's insurer examinations persuasively indicated symptom magnification and no accident-related impairment.
OLATOntario Licence Appeal TribunalAug 12, 2020
