Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The core dispute was whether the applicant's injuries fell outside the Minor Injury Guideline (MIG) due to a concussion, pre-existing conditions, psychological injuries, or chronic pain.
The Tribunal found the applicant's evidence insufficient to establish any of these exceptions, noting that diagnoses were either outside the practitioners' scope, based solely on self-reporting, or lacked objective psychometric testing.
The Tribunal also dismissed the claim for a non-earner benefit, finding the applicant failed to provide a detailed comparison of pre- and post-accident activities as required by the Heath test.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalFeb 13, 2023