Application for accident benefits dismissed as injuries fell within the exhausted Minor Injury Guideline limits.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.
The respondent denied the benefits, arguing the injuries were minor and the $3,500 MIG limit was exhausted.
The Tribunal found the applicant failed to prove her injuries warranted removal from the MIG, noting her treating physicians primarily diagnosed minor sprains and strains, and her psychological complaints arose over a year post-accident.
As the MIG limit was exhausted, the claims for further physiotherapy and psychological assessments were dismissed.
OLATOntario Licence Appeal TribunalAug 11, 2023