Jordan Duffy

The applicant sought statutory accident benefits following a motor vehicle accident.

The adjudicator found that the applicant failed to prove his injuries fell outside the Minor Injury Guideline (MIG), as the medical evidence did not establish a diagnosis of chronic pain with functional impairment under the AMA Guides criteria.

Consequently, the disputed treatment plans were denied because the MIG limits were exhausted.

However, the adjudicator determined that the applicant was entitled to income replacement benefits for the first 104 weeks post-accident, as a functional abilities evaluation demonstrated he could not meet the lifting requirements of his pre-accident employment as a delivery driver.

Interest was awarded on the overdue benefits.

The applicant sought statutory accident benefits, including an income replacement benefit (IRB) and funding for a rheumatological assessment, following a motor vehicle accident while riding a TTC bus.

The respondent denied the benefits, arguing the applicant's injuries were minor and that an intervening workplace accident was the true cause of her ongoing impairments.

The Tribunal found that the applicant failed to establish a substantial or complete inability to perform her pre-accident employment, noting she had returned to physical labour before the workplace accident occurred.

The Tribunal also found the applicant did not establish removal from the Minor Injury Guideline and dismissed the claim for the assessment due to the failure to produce the treatment plan.

The application was dismissed.