Application for accident benefits beyond the Minor Injury Guideline dismissed due to insufficient medical evidence.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her chronic pain and psychological conditions warranted removal from the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant's medical evidence, which was not contemporaneous with the accident and lacked formal diagnoses of chronic pain or functional impairment, was insufficient to meet her burden.
The Tribunal preferred the respondent's insurer examination reports, which consistently concluded the applicant suffered only soft-tissue injuries.
Consequently, the applicant's injuries were deemed predominantly minor, and her claims for treatment plans beyond the $3,500 MIG limit and interest were dismissed.
OLATOntario Licence Appeal TribunalApr 18, 2023
