Applicant awarded income replacement and medical benefits after arbitrator finds injuries fall outside Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.
The insurer denied income replacement benefits and took the position that the applicant's impairments fell within the Minor Injury Guideline (MIG), denying various treatment plans and assessments.
The Arbitrator found the applicant credible and preferred the evidence of his treating practitioners and assessors over the insurer's assessors, whose reports were found to be conclusory or incomplete.
The Arbitrator concluded the applicant suffered from chronic pain and driver anxiety, removing him from the MIG.
The applicant was awarded income replacement benefits, the disputed medical and assessment costs, and interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 23, 2017
