Application for accident benefits dismissed; applicant failed to prove chronic pain or psychological impairment warranting MIG removal.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing that her chronic pain and psychological impairments warranted removal from the Minor Injury Guideline (MIG).
The adjudicator found that the applicant failed to meet her burden of proof, as her chronic pain claims lacked objective medical corroboration and her psychological claims were inconsistent with her self-reported functionality to other assessors.
The adjudicator concluded that the applicant's injuries were predominantly minor and subject to the MIG limits.
Because the MIG limits were already exhausted, the disputed treatment plans were not considered, and claims for an award and interest were dismissed.
OLATOntario Licence Appeal TribunalJan 17, 2024
