Accident benefits claim dismissed as applicant failed to prove injuries fell outside the Minor Injury Guidelines.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries fell outside the Minor Injury Guidelines (MIG) due to chronic pain and psychological impairments.
The arbitrator found the applicant lacked credibility, having provided inconsistent and inaccurate information to various medical assessors, including failing to disclose a subsequent eye surgery.
The arbitrator concluded the applicant did not prove his injuries fell outside the MIG.
Consequently, the claims for multidisciplinary treatment plans and a psychological assessment were dismissed.
The applicant was also ordered to repay an erroneous payment of $135.60 to the insurer.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 17, 2015