Application for accident benefits dismissed; applicant failed to prove entitlement to removal from the Minor Injury Guideline or non-earner benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her pre-existing chronic mechanical low back pain warranted removal from the Minor Injury Guideline (MIG) and that she was entitled to a non-earner benefit (NEB).
The Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing condition precluded maximal recovery within the MIG.
Furthermore, the Tribunal held the applicant did not suffer a complete inability to carry on a normal life, relying on functional assessments showing she retained significant independence and mobility.
The application was dismissed, and the applicant remained subject to the MIG limits.
OLATOntario Licence Appeal TribunalMar 3, 2025
