Application for accident benefits dismissed; applicant failed to prove entitlement to MIG removal or Non-Earner Benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on a pre-existing back injury, chronic pain, and psychological impairments, and also claimed entitlement to Non-Earner Benefits (NEBs).
The Tribunal found that the applicant failed to provide compelling medical evidence to support removal from the MIG, preferring the respondent's insurer's examinations which found no chronic pain or psychological condition requiring treatment beyond the MIG.
The Tribunal also dismissed the claim for NEBs, finding the applicant did not suffer a complete inability to carry on a normal life.
The application was dismissed.
OLATOntario Licence Appeal TribunalAug 1, 2024
