Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her chronic pain and psychological injuries warranted removal from the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant's injuries were predominantly minor.
The Tribunal preferred the evidence of the insurer's examiners, noting that the applicant's experts failed to explain how her pain improved over time and then worsened years later, and that her psychological assessment was conducted by a panel lacking a qualified psychologist or psychiatrist.
As the applicant had exhausted her $3,500 MIG limit, her claims for further medical benefits, an award, and interest were dismissed.
OLATOntario Licence Appeal TribunalNov 23, 2023
