Accident benefits denied; injuries fell within Minor Injury Guideline and late expert report excluded.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.
The respondent denied the claims, arguing the injuries were predominantly minor.
The Tribunal excluded the applicant's late-filed psychological report due to prejudice.
The Tribunal found the applicant's injuries fell within the MIG, preferring the respondent's expert who conducted an in-person physical assessment over the applicant's expert who conducted a virtual assessment.
The claims for physiotherapy, an orthopedic assessment, an award, and interest were dismissed.
OLATOntario Licence Appeal TribunalSep 20, 2023
