Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limit.
The applicant sought accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed entitlement to a $2,260.00 treatment plan for psychological services, arguing that pre-existing anxiety and chronic pain removed her from the MIG.
The Tribunal found that the applicant's physical injuries were soft-tissue in nature and that she failed to establish a nexus between her pre-existing anxiety or chronic pain and the accident.
As the $3,500.00 MIG limit was already exhausted, the treatment plan was not payable and the application was dismissed.
OLATOntario Licence Appeal TribunalJul 28, 2022