Application for accident benefits dismissed; applicant's injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing conditions, psychological injuries, and ongoing pain removed her from the MIG.
The Tribunal found that the applicant's pre-existing conditions did not preclude recovery within the funding limit, preferred the respondent's psychological assessment finding no psychological impairment, and concluded there was no evidence of a chronic pain condition.
The Tribunal held that the applicant sustained predominantly minor injuries and dismissed the claims for medical benefits and interest.
OLATOntario Licence Appeal TribunalDec 12, 2019