Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans and assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that a pre-existing condition from a pedestrian accident days prior, as well as chronic pain, warranted removal from the MIG.
The Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing conditions precluded maximal recovery within the MIG, or that she suffered from chronic pain with functional impairment.
The application was dismissed, and the respondent's request for costs was denied due to non-compliance with the Tribunal's rules.
OLATOntario Licence Appeal TribunalDec 19, 2023