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Application for accident benefits dismissed as applicant failed to prove psychological injury warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed to have sustained a psychological injury that would remove him from the MIG.
The Tribunal found that the applicant did not prove on a balance of probabilities that he suffered from a psychological injury warranting removal from the MIG, preferring the respondent's psychological assessment over the applicant's.
As the applicant remained in the MIG, the disputed treatment plans and claim for interest were dismissed.
Applicant awarded income replacement benefits after proving physical impairments prevented her from working as a personal support worker.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) for a six-month period during which the respondent insurer had terminated them.
The adjudicator found that the applicant, who worked as a personal support worker at two locations prior to the accident, suffered physical impairments that rendered her substantially unable to perform the essential tasks of her employment.
Relying on the applicant's medical evidence, including reports from her family doctor and specialists, the adjudicator ordered the respondent to pay the IRBs with interest.
However, the applicant's request for an award under Ontario Regulation 664 for unreasonable delay was denied, as the respondent had actively assessed the file and relied on its own medical assessors.
No co-appearing lawyers found.
No judges found.