Application for accident benefits dismissed; applicant failed to prove chronic pain warranted removal from the Minor Injury Guideline.
The applicant sought medical and rehabilitation benefits following a motor vehicle accident, arguing that chronic pain warranted removal from the Minor Injury Guideline (MIG).
The Tribunal preferred the respondent's section 44 medical examination, which diagnosed myofascial strain injuries treatable within the MIG, over the applicant's expert reports, which were found to be unsupported by objective medical evidence and the applicant's functional abilities.
The Tribunal concluded the applicant did not meet the burden of proving his injuries fell outside the MIG.
The disputed treatment plans were deemed not reasonable and necessary, and the application was dismissed.
OLATOntario Licence Appeal TribunalJun 15, 2021
