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.
The respondent denied various treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on chronic pain and psychological injuries.
The Tribunal found the applicant failed to prove chronic pain with a functional limitation.
Regarding psychological injuries, the Tribunal preferred the respondent's expert evidence, which relied on objective testing, over the applicant's expert, who used primarily subjective self-reporting tools.
The application was dismissed, and the applicant was held to the MIG.
OLATOntario Licence Appeal TribunalOct 3, 2025