Accident benefits claim dismissed; applicant failed to prove psychological impairment warranting removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing their injuries warranted removal from the Minor Injury Guideline (MIG) due to a psychological impairment.
The Tribunal found the applicant failed to meet the burden of proof, as the only evidence of psychological impairment was a single note from a family physician stating the applicant 'still has PTSD'.
The Tribunal preferred the respondent's psychological assessment, which found no objective support for a DSM V diagnosis.
As the injuries fell within the MIG and the remaining limit was negligible, the claims for treatment plans and an award were dismissed.
OLATOntario Licence Appeal TribunalJul 15, 2024
