Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limit.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits for various treatment and assessment plans.
The respondent insurer denied the plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and its $3,500 funding limit.
The applicant argued he suffered from pre-existing impairments, psychological injuries, and chronic pain that removed him from the MIG.
The Tribunal found no evidence that pre-existing conditions precluded recovery, rejected the applicant's psychological expert evidence as contradicted by the applicant's own self-reports, and found insufficient evidence of chronic pain.
The Tribunal concluded the applicant sustained a minor injury and dismissed the application for the disputed benefits and interest.
OLATOntario Licence Appeal TribunalDec 13, 2023
