Application for accident benefits dismissed; applicant's pre-existing conditions did not warrant removal from the Minor Injury Guideline.
The applicant was injured in a rear-end motor vehicle accident and sought accident benefits for physiotherapy and a chronic pain assessment.
The respondent denied the treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to pre-existing back, neck, and shoulder pain, as well as chronic pain caused by the accident.
The Tribunal found that the applicant's pre-existing conditions, which included prior workplace injuries, did not preclude her recovery within the MIG.
The Tribunal preferred the respondent's medical assessment over the applicant's expert, noting the latter failed to address the pre-existing conditions.
The application was dismissed, and the applicant was held to the $3,500 MIG funding limit.
OLATOntario Licence Appeal TribunalDec 5, 2024
