Application for accident benefits dismissed; applicant failed to prove entitlement to IRBs or removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits (IRBs) and treatment plans for chiropractic and psychological services.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she did not meet the test for IRBs.
The Tribunal dismissed the application, finding the applicant failed to provide medical evidence to prove substantive entitlement to IRBs or to establish impairments warranting removal from the MIG.
The Tribunal also rejected the applicant's procedural arguments that the insurer's denial notices were non-compliant with the Schedule.
OLATOntario Licence Appeal TribunalJul 31, 2024