Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to chronic pain and psychological impairments.
The Tribunal found the applicant's evidence regarding chronic pain to be inconsistent and preferred the respondent's psychological expert over the applicant's.
The Tribunal concluded the applicant's injuries were predominantly minor and she was not removed from the MIG.
As the $3,500 MIG limit was exhausted, the treatment plans were not payable.
The respondent's request for costs was denied.
OLATOntario Licence Appeal TribunalAug 28, 2019
