Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the limits were exhausted.
The applicant argued for removal from the MIG based on a pre-existing lumbar spine condition and chronic pain.
The Tribunal found the applicant did not meet the burden of proof for removal from the MIG, preferring the respondent's independent medical examination over the applicant's medical evidence.
As the MIG limits were exhausted, the claims for further treatment plans, interest, and an award were dismissed.
Albanese v. Intact Insurance Company, 2024 CanLII 115429
