Application for accident benefits dismissed as applicant failed to prove injuries exceeded Minor Injury Guideline.
The applicant sought medical benefits and examination costs following a rear-end collision, arguing his injuries fell outside the Minor Injury Guideline due to chronic pain, psychological impairments, and a pre-existing condition.
The Licence Appeal Tribunal found the applicant failed to meet his onus.
The medical evidence showed the applicant did not seek immediate treatment, had subsequent accidents, and lacked objective evidence of functional limitations or severe psychological symptoms caused by the accident.
The Tribunal concluded the applicant's injuries were minor and dismissed the application, finding no basis for an award for delayed payment.
OLATOntario Licence Appeal TribunalApr 7, 2021