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.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant applied to the Licence Appeal Tribunal, arguing for removal from the MIG due to a pre-existing injury, chronic pain, and psychological impairments.
The Tribunal found that the applicant failed to demonstrate that his accident-related impairments warranted removal from the MIG, as the medical evidence did not support a pre-existing condition precluding recovery or a diagnosis of chronic pain.
The application was dismissed.
Odion Okoyomon v. Certas Home and Auto Insurance Company, 2024 CanLII 70377