Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits for three physiotherapy treatment plans following a motor vehicle accident.
The respondent denied the plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 cap had been reached.
The Tribunal found that the applicant failed to meet her burden of proving that her injuries were more than predominantly minor or that she had a pre-existing medical condition that would prevent maximal recovery within the MIG cap.
The application was dismissed as the applicant also failed to provide evidence that the disputed expenses had been incurred.
OLATOntario Licence Appeal TribunalNov 9, 2018
