Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline cap.
The applicant sought payment for two physiotherapy treatment plans following a motor vehicle accident.
The respondent denied the plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 cap.
The applicant argued she suffered chronic pain and psychological damage taking her outside the MIG.
The Tribunal found the applicant failed to prove on a balance of probabilities that her injuries were more than predominantly minor, preferring the objective clinical notes of her family physician over her chiropractor's records.
The application for benefits was dismissed.
OLATOntario Licence Appeal TribunalNov 1, 2018
