Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB test unmet.
The applicant sought medical, income replacement, and attendant care benefits following a rear-end motor vehicle accident.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant sustained predominantly soft tissue injuries, which are defined as minor injuries under the Schedule.
Consequently, the applicant was not entitled to the disputed medical benefits or attendant care benefits.
The claim for income replacement benefits was also dismissed, as the applicant failed to prove a substantial inability to perform his pre-accident employment tasks, and his tax returns showed his income increased after the accident.
OLATOntario Licence Appeal TribunalJun 19, 2023