Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB denied.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including medical benefits, examination expenses, and an income replacement benefit (IRB).
The insurer denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical and psychological injuries were minor and did not warrant removal from the MIG.
The Tribunal preferred the evidence of the insurer's expert psychologist over the applicant's social worker regarding psychological impairments.
Furthermore, the Tribunal concluded the applicant did not suffer a substantial inability to perform the essential tasks of his employment, dismissing the claim for an IRB.
All claims and the request for interest were dismissed.
OLATOntario Licence Appeal TribunalMay 7, 2018