Accident benefits claim dismissed; non-earner benefits time-barred and injuries did not exceed Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's denial of non-earner benefits and four treatment plans.
The adjudicator found that the applicant's claim for non-earner benefits was time-barred under section 56(1) of the Schedule, as the application was filed more than five years after the respondent's clear refusal to pay.
Regarding the treatment plans, the adjudicator concluded that the applicant failed to prove his physical or psychological injuries fell outside the Minor Injury Guideline (MIG).
The adjudicator placed little weight on the applicant's psychological assessment conducted nearly five years post-accident, noting a lack of contemporaneous complaints to his family physician.
As the applicant had exhausted the $3,500 MIG cap, the disputed treatment plans were denied.
The respondent's request for costs was also dismissed.
OLATOntario Licence Appeal TribunalFeb 1, 2018
