Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed pre-existing psychological and physical conditions warranted removal from the MIG and sought a non-earner benefit.
The Tribunal found the applicant failed to provide compelling medical evidence of pre-existing conditions or impairments that would remove her from the MIG.
The Tribunal preferred the respondent's expert evidence, which was based on in-person assessments, over the applicant's expert evidence, which was based on telephone interviews and lacked corroboration in clinical records.
The Tribunal also dismissed the applicant's claim for a non-earner benefit, finding she did not suffer a complete inability to carry on a normal life.
The application was dismissed.
OLATOntario Licence Appeal TribunalFeb 28, 2023
