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, claiming her psychological injuries and chronic pain warranted removal from the Minor Injury Guideline (MIG).
The Tribunal found the applicant's evidence, including psychiatric and chronic pain assessments, lacked corroboration from her family doctor's records and was internally inconsistent.
Preferring the respondent's psychological and physiatry assessments, the Tribunal concluded the applicant failed to establish on a balance of probabilities that she suffered a psychological injury or chronic pain with functional impairment.
The application was dismissed, and the applicant's injuries were deemed predominantly minor and subject to the $3,500 MIG limit.
OLATOntario Licence Appeal TribunalApr 28, 2025
