Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries, including chronic pain syndrome, warranted removal from the Minor Injury Guideline (MIG).
The respondent denied the balance of a physiotherapy treatment plan on the basis that the injuries were predominantly minor.
The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain syndrome or that his injuries fell outside the MIG.
The Tribunal applied the AMA Guides criteria for chronic pain and found insufficient medical evidence to meet the threshold.
The application for the disputed treatment plan and interest was dismissed.
OLATOntario Licence Appeal TribunalMay 10, 2024