Applicant's claim 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 several treatment plans and expenses on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The Tribunal found that the applicant's physical injuries were soft tissue in nature and that she failed to establish removal from the MIG on the basis of chronic pain or psychological impairment.
The Tribunal preferred the respondent's section 44 psychological assessment over the applicant's section 25 assessment.
As the applicant remained within the MIG, the disputed treatment plans and expenses were not payable.
OLATOntario Licence Appeal TribunalNov 13, 2024