Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied a treatment plan for a psychological assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG due to a full-thickness shoulder tear, concussion, and psychological impairments.
The Tribunal found that the contemporaneous medical evidence, including initial hospital records, supported a diagnosis of minor injuries such as whiplash.
The Tribunal concluded the applicant failed to prove the shoulder tear or psychological impairments were caused by the accident, noting surveillance evidence of an active lifestyle.
The application was dismissed, and the applicant was not entitled to the disputed treatment plan or interest.
OLATOntario Licence Appeal TribunalJun 29, 2023