Application for accident benefits dismissed; injuries fell within Minor Injury Guideline and income replacement denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from accident-related chronic pain or psychological impairments warranting removal from the MIG, preferring the evidence of the insurer's assessors.
The Tribunal also dismissed the claim for an income replacement benefit, finding insufficient evidence of the applicant's pre-accident self-employment as a social worker or inability to perform his duties as an Uber driver.
The application was dismissed.
OLATOntario Licence Appeal TribunalOct 1, 2024