Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued for removal from the MIG due to pre-existing conditions, psychological impairments, and chronic pain.
The Tribunal found that the applicant failed to prove that his pre-existing conditions precluded recovery within the MIG, and assigned no weight to the applicant's expert reports regarding psychological issues and chronic pain because they failed to consider an intervening accident.
The application was dismissed.
OLATOntario Licence Appeal TribunalSep 26, 2023
