Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The respondent denied various treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she sustained a concussion and chronic pain, removing her from the MIG.
The Tribunal found the objective medical evidence, including hospital and family doctor records, did not support a concussion diagnosis.
Furthermore, the Tribunal preferred the respondent's medical assessments, finding the applicant did not demonstrate a functional impairment or meet the criteria for chronic pain.
The application was dismissed, as the injuries were deemed minor and subject to the $3,500 funding limit.
OLATOntario Licence Appeal TribunalAug 9, 2023