Application for accident benefits dismissed; applicant failed to prove chronic pain or psychological injuries for MIG removal.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer denied treatment plans for psychiatric, social work, and chronic pain assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant applied to the Licence Appeal Tribunal, arguing for removal from the MIG due to chronic pain and psychological injuries.
The Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain or psychological injuries caused by the accident, preferring the insurer's expert evidence over the applicant's.
As the applicant's injuries did not fall outside the MIG and the $3,500 funding limit was exhausted, the application was dismissed.
OLATOntario Licence Appeal TribunalSep 4, 2019
