Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims, asserting the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on physical injuries, psychological impairments, and chronic pain.
The Tribunal found the applicant failed to establish that her injuries warranted removal from the MIG, noting a lack of evidence connecting a shoulder tear to the accident, subclinical psychological test results, and failure to meet the AMA Guides criteria for chronic pain.
Consequently, the disputed treatment plans were deemed not reasonable and necessary, and the claims for an award and interest were dismissed.
OLATOntario Licence Appeal TribunalOct 3, 2022
