Application for accident benefits dismissed; applicant failed to prove pre-existing condition warranted removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries warranted removal from the Minor Injury Guideline (MIG) due to a pre-existing condition of Chronic Facet syndrome.
The adjudicator found the applicant failed to provide compelling medical evidence that the pre-existing condition would prevent maximal recovery within the MIG limits, preferring the evidence of the respondent's section 44 orthopaedic assessor over the applicant's chiropractor.
As the applicant remained subject to the MIG, the disputed treatment plans and claims for an award and interest were dismissed.
OLATOntario Licence Appeal TribunalSep 15, 2025
