Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing his physical injuries, chronic pain, and psychological impairments warranted removal from the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant's partial supraspinatus tear and C6 radiculopathy met the definition of minor injuries.
Applying the four-part test for chronic pain, the adjudicator concluded the applicant failed to demonstrate severe and constant pain or functional impairment sufficient to remove him from the MIG.
The Tribunal also accepted the respondent's psychological assessment finding no psychological injury.
As the injuries fell within the MIG and the respondent provided valid denials for the disputed treatment plans, the application was dismissed, and no interest or awards were granted.
OLATOntario Licence Appeal TribunalAug 4, 2022
