Accident benefits application dismissed as injuries fell within the exhausted Minor Injury Guideline limit.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied treatment plans for physical therapy and a psychological assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The Tribunal found that the applicant failed to provide compelling medical evidence that her pre-existing back condition prevented her from achieving maximal recovery within the MIG, or that she sustained an accident-related psychological impairment outside the MIG.
As the MIG limits were exhausted, the disputed treatment plans were not payable, and claims for interest and an award for unreasonable delay were dismissed.
OLATOntario Licence Appeal TribunalAug 14, 2023
