Applicant entitled to IRBs for 104 weeks but remains subject to the Minor Injury Guideline cap.
The applicant was injured in a motor vehicle accident and sought ongoing Income Replacement Benefits (IRBs), medical and rehabilitation benefits outside the Minor Injury Guideline (MIG), and a Special Award.
The arbitrator found that the applicant suffered a substantial inability to perform his pre-accident employment for the first 104 weeks, entitling him to IRBs for that period.
However, the applicant failed to prove a complete inability to engage in any suitable employment beyond the two-year mark.
The arbitrator also concluded that the applicant's injuries, including alleged chronic pain and psychological impairments, did not remove him from the MIG, as the insurer's medical evidence demonstrating no objective impairment was preferred.
The claims for additional treatment plans and a Special Award were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 19, 2016
