Application for accident benefits dismissed; applicant failed to prove impairments warranting removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans for chiropractic services on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued for removal from the MIG, claiming accident-related chronic pain and psychological impairments.
The Tribunal found insufficient medical evidence to support a psychological impairment, noting that chiropractors lack the expertise to diagnose such conditions.
The Tribunal also preferred the insurer's examination report, which indicated the applicant had returned to his pre-accident work and daily routine, over the treating chiropractor's reports.
The application was dismissed, and the applicant remained subject to the MIG limit.
OLATOntario Licence Appeal TribunalApr 7, 2025
