Application for accident benefits dismissed; injuries remain within the Minor Injury Guideline limit.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to chronic pain syndrome, psychological impairments, and pre-existing conditions including depression and drug addiction.
The Tribunal found the applicant's evidence insufficient to establish chronic pain with functional impairment or a psychological condition precluding recovery within the MIG.
The Tribunal preferred the in-person assessments of the respondent's experts over the virtual assessments of the applicant's experts.
The application was dismissed, with the applicant entitled only to any remaining funds within the $3,500 MIG limit.
OLATOntario Licence Appeal TribunalApr 15, 2024