Accident benefits claim dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought accident benefits from the insurer, including the cost of a worksite assessment.
The insurer denied the assessment and took the position that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The arbitrator found that the worksite assessment was not reasonable and necessary, as the applicant had only missed one day of work and had not claimed income replacement benefits.
Furthermore, the arbitrator concluded that the applicant failed to provide sufficient objective medical evidence to establish that his injuries, including alleged chronic pain and a subsequent left knee impairment, fell outside the MIG.
The applicant's claims were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 13, 2017