Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued she should be removed from the MIG due to chronic pain and psychological impairments.
The Tribunal found that the applicant failed to prove on a balance of probabilities that she suffered from chronic pain with functional impairment or a psychological injury caused by the accident that would warrant removal from the MIG.
The Tribunal preferred the respondent's medical and psychological assessments.
As the MIG limit was exhausted, the claims for treatment plans and interest were dismissed.
OLATOntario Licence Appeal TribunalApr 22, 2025