Accident benefits claim dismissed as applicant's injuries fell within the Minor Injury Guideline limit.
The applicant was struck by a reversing car while walking in a parking lot and sought statutory accident benefits.
The respondent denied funding for a psychological assessment and chiropractic services on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) limit of $3,500.
The applicant argued that pre-existing conditions, including shoulder issues and Bell's palsy, prevented maximal recovery within the MIG.
The Tribunal found that the applicant's injuries were minor and that the pre-existing conditions did not prevent maximal recovery.
As the MIG limit was already exhausted, the claims for additional treatment, interest, and a special award were dismissed.
OLATOntario Licence Appeal TribunalAug 17, 2018
