Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB criteria unmet.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries fell outside the Minor Injury Guideline (MIG) and seeking further chiropractic treatments and income replacement benefits (IRBs).
The adjudicator found that the applicant failed to provide compelling medical evidence to prove his injuries were non-MIG, relying instead on the insurer's medical assessments which diagnosed minor strains and no psychological impairment.
Consequently, the claim for further medical benefits was denied as the $3,500 MIG limit had been reached.
The claim for IRBs was also dismissed, as the evidence demonstrated the applicant was not substantially unable to perform the essential tasks of his employment.
OLATOntario Licence Appeal TribunalApr 2, 2020
