Accident benefits claims dismissed as 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 certain treatment plans and assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on a full thickness shoulder tear, a pre-existing shoulder condition, a psychological injury, and chronic pain.
The Tribunal found that the applicant failed to prove the shoulder tear was caused by the accident, failed to show the pre-existing condition prevented maximal recovery within the MIG limits, and failed to establish a psychological impairment or chronic pain.
Consequently, the applicant's injuries were deemed predominantly minor, and the claims for treatment outside the MIG limits were dismissed.
OLATOntario Licence Appeal TribunalDec 3, 2021
