Applicant's injuries deemed predominantly minor; removal from Minor Injury Guideline denied.
The applicant sought a determination that her injuries from a motor vehicle accident fell outside the Minor Injury Guideline (MIG) and claimed entitlement to several treatment plans.
She argued that a pre-existing foot injury, concussion, psychological issues, chronic pain, and radiculopathy warranted removal from the MIG.
The Tribunal found that the applicant failed to provide compelling evidence that her pre-existing condition prevented her from achieving maximal recovery within the MIG.
Furthermore, the Tribunal concluded that the applicant did not meet the criteria for chronic pain or establish that her other conditions took her outside the MIG.
As the applicant's injuries were predominantly minor, she was not entitled to the disputed treatment plans or interest.
OLATOntario Licence Appeal TribunalOct 5, 2021
