Application for accident benefits dismissed; applicant failed to prove pre-existing condition warranted removal from Minor Injury Guideline.
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 argued for removal from the MIG based on a pre-existing back condition.
The Tribunal found that while the applicant had a documented history of back pain, there was no compelling medical evidence stating that the pre-existing condition precluded maximal recovery if kept within the MIG.
The Tribunal concluded the injuries were predominantly minor, subject to the $3,500 MIG limit, and dismissed the claims for the disputed treatment plan and interest.
OLATOntario Licence Appeal TribunalApr 28, 2025