Applicant's injuries found to fall within the Minor Injury Guideline; chronic pain and psychological claims rejected.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer deemed the injuries to fall within the Minor Injury Guideline (MIG), capping benefits at $3,500.
The applicant argued she suffered from chronic pain and psychological injuries that removed her from the MIG.
The Tribunal found the applicant's medical evidence unpersuasive, noting methodological flaws in her expert's chronic pain diagnosis and a lack of psychological testing.
Preferring the respondent's multidisciplinary assessments, the Tribunal concluded the applicant's injuries were predominantly minor and subject to the MIG limit.
The appeal was denied.
OLATOntario Licence Appeal TribunalFeb 19, 2020
