Claims for accident benefits beyond the Minor Injury Guideline limit dismissed due to lack of compelling evidence and credibility issues.
The applicant was injured in a motor vehicle accident and sought medical and assessment benefits beyond the $3,500 Minor Injury Guideline (MIG) limit.
She argued that her pre-existing osteoporosis and alleged chronic pain syndrome removed her from the MIG.
The arbitrator found the applicant lacked credibility due to her refusal to answer questions regarding her opiate use and the suspension of her nursing licence.
The arbitrator rejected the applicant's expert evidence and concluded there was no compelling evidence that her pre-existing condition prevented maximal recovery within the MIG limits.
The claims for additional benefits were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 12, 2017