Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs), various treatment plans, and removal from the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to prove her injuries fell outside the MIG, as contemporaneous medical evidence and expert assessments indicated she suffered only soft-tissue sprain/strain injuries.
The Tribunal also dismissed the claim for IRBs, finding the applicant did not demonstrate a substantial inability to perform her pre-accident employment tasks or a complete inability to engage in any employment, noting she had returned to work post-accident and was deemed fit for sedentary duties.
As the applicant remained within the MIG and the limits were exhausted, the disputed treatment plans and claims for interest were denied.
OLATOntario Licence Appeal TribunalDec 9, 2024