Applicant's injuries deemed minor; pre-existing rheumatoid arthritis and chronic pain claims insufficient to escape MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries fell outside the Minor Injury Guideline (MIG) due to pre-existing rheumatoid arthritis, psychological impairments, and chronic pain.
The Tribunal found the applicant's rheumatoid arthritis was in remission and did not prevent maximal recovery.
The Tribunal preferred the respondent's expert evidence, concluding the applicant did not suffer from a psychological impairment or chronic pain syndrome that would warrant removal from the MIG.
The applicant's physical injuries were deemed predominantly minor.
The disputed treatment plans were deemed reasonable and necessary only up to the remaining MIG limits.
The applicant's claim for a special award was dismissed for failing to provide particulars.
OLATOntario Licence Appeal TribunalJan 25, 2023
