Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on pre-existing conditions, psychological impairment, and chronic pain.
The Tribunal found insufficient evidence that the pre-existing conditions precluded recovery within the MIG.
The Tribunal preferred the insurer's psychological and musculoskeletal assessments, finding no diagnosable psychological disorder or chronic pain with functional impairment.
As the applicant's injuries were predominantly minor and the MIG limits were exhausted, the application for additional medical benefits and interest was dismissed.
OLATOntario Licence Appeal TribunalJan 23, 2024
