Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant sought medical and rehabilitation 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 $3,500 limit had been exhausted.
The applicant argued her pre-existing conditions, including chronic pelvic pain and a history of surgeries, prevented her from achieving maximal recovery within the MIG, and that she developed chronic pain from the accident.
The Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing conditions prevented maximal recovery from her accident-related soft tissue injuries.
The Tribunal also found insufficient evidence that the applicant suffered chronic pain as a result of the accident.
The application was dismissed.
OLATOntario Licence Appeal TribunalApr 29, 2021
