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 respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she suffered from chronic pain that warranted removal from the MIG.
The Tribunal found that the applicant's initial injuries were soft tissue in nature and that the sudden onset of new symptoms nearly two years later was not causally linked to the accident.
The Tribunal preferred the evidence of the respondent's section 44 assessors over the applicant's evidence.
The Tribunal concluded the applicant failed to prove her injuries fell outside the MIG, and dismissed the claims for treatment plans, interest, and costs.
OLATOntario Licence Appeal TribunalJul 25, 2023