Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline cap.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 cap.
The applicant argued his injuries were not predominantly minor, citing a pre-existing condition and psychological impairment.
The Tribunal found no compelling evidence of a pre-existing condition that would prevent maximal recovery under the MIG, nor sufficient evidence of a psychological injury.
The Tribunal concluded the applicant's injuries fell within the MIG and dismissed the application.
OLATOntario Licence Appeal TribunalOct 9, 2018
