Applicant's injuries found to fall within the Minor Injury Guideline due to lack of objective psychological impairment.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG), capping benefits at $3,500.
The applicant argued that he sustained psychological injuries that removed him from the MIG.
The Tribunal preferred the respondent's psychological assessment, which included validity testing indicating symptom magnification, over the applicant's evidence.
The Tribunal found the applicant's injuries were predominantly minor and subject to the MIG cap.
A preliminary motion by the respondent to strike the applicant's Reply submissions for case splitting was dismissed.
OLATOntario Licence Appeal TribunalFeb 7, 2019
