Application for accident benefits dismissed; applicant remains in the Minor Injury Guideline and is not entitled to non-earner benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to non-earner benefits, various treatment plans, and removal from the Minor Injury Guideline (MIG) due to chronic pain, psychological impairments, and pre-existing conditions.
The adjudicator found that the applicant did not suffer a complete inability to carry on a normal life, relying on inconsistencies in the medical records and evidence of the applicant's ability to perform activities of daily living.
The adjudicator also declined to remove the applicant from the MIG, preferring the respondent's psychological assessment which indicated malingering, and finding insufficient evidence of chronic pain with functional impairment.
As the MIG limits were exhausted, the claims for treatment plans, an award, and interest were dismissed.
OLATOntario Licence Appeal TribunalJul 31, 2025
