Accident benefits application dismissed; applicant failed to prove injuries warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant applied to the Licence Appeal Tribunal, arguing that chronic pain and psychological injuries warranted removal from the MIG.
The Tribunal found that the applicant's medical records did not support his claims of chronic pain or accident-related psychological impairment, noting significant gaps in treatment and inconsistencies in self-reporting.
As the applicant failed to meet his burden to establish removal from the MIG, and the disputed treatment plans exceeded the $3,500 funding limit, the application was dismissed.
OLATOntario Licence Appeal TribunalNov 21, 2023