Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The respondent denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant contended that pre-existing psychological conditions and insomnia warranted removal from the MIG.
The Tribunal found that the applicant's physical injuries were minor and that he failed to establish on a balance of probabilities that his pre-existing conditions prevented maximal recovery within the MIG limits.
Furthermore, the Tribunal applied the 'but for' test and concluded the accident was not a necessary cause of the applicant's psychological issues.
The application was dismissed, and claims for a psychological assessment, chiropractic services, an award, and interest were denied.
OLATOntario Licence Appeal TribunalJun 24, 2022
