Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant was injured in a motor vehicle accident and sought payment for two physiotherapy treatment plans.
The respondent insurer denied payment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the monetary limit had been reached.
The applicant argued the MIG did not apply due to a pre-existing medical condition and chronic pain.
The adjudicator found insufficient evidence to prove the pre-existing condition prevented maximal medical recovery under the MIG, and preferred the respondent's independent medical examination over the applicant's orthopaedic surgeon's report regarding chronic pain.
The application was dismissed.
OLATOntario Licence Appeal TribunalJul 6, 2017
