Application for accident benefits dismissed; 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 the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on a pre-existing low back condition, psychological impairments, chronic pain, and a concussion.
The Tribunal found the applicant failed to meet the burden of proof for removal from the MIG, preferring the respondent's section 44 assessments over the applicant's evidence, which lacked corroboration from the family doctor's clinical notes.
As the applicant remained within the MIG, the disputed treatment plans were not considered, and claims for interest and a special award were dismissed.
OLATOntario Licence Appeal TribunalDec 5, 2025
