Accident benefits application dismissed; injuries fell within Minor Injury Guideline and IRB test not met.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims, asserting the applicant's injuries fell within the Minor Injury Guideline (MIG).
The adjudicator found that the applicant's injuries were predominantly minor soft tissue injuries and that she had exhausted the $3,500 MIG limit, disentitling her to further medical and attendant care benefits.
The adjudicator also dismissed the claim for income replacement benefits, noting the applicant had returned to work shortly after the accident and failed to provide persuasive medical evidence demonstrating a substantial inability to perform the essential tasks of her employment.
OLATOntario Licence Appeal TribunalDec 13, 2017