Accident benefits claim dismissed as applicant's injuries fell within the Minor Injury Guideline limit.
The applicant was injured in a rear-end motor vehicle accident and sought medical benefits under the Statutory Accident Benefits Schedule.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that psychological impairments and pre-existing conditions (toe fracture, tuberculosis, sciatica) removed him from the MIG.
The Tribunal found that the applicant's physical injuries were predominantly minor and that he failed to provide compelling evidence from a health practitioner that his pre-existing conditions would prevent maximal recovery under the MIG limit.
The Tribunal also found insufficient evidence of a psychological impairment.
As the $3,500 MIG limit was exhausted, the disputed treatment plans and interest were denied.
OLATOntario Licence Appeal TribunalApr 27, 2020
