Applicant's injuries deemed minor and subject to the MIG limit due to lack of objective evidence of functional impairment.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her chronic pain, physical injuries, and psychological impairments warranted removal from the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant failed to establish chronic pain with functional limitations, noting she did not meet the AMA Guides criteria and continued to work full-time.
The Tribunal preferred the respondent's medical and psychological experts, who found no objective evidence of non-minor physical or psychological impairments and noted symptom over-reporting.
The Tribunal concluded the applicant's injuries were predominantly minor and subject to the $3,500 MIG limit, ordering that any remaining funds within that limit be payable for incurred treatments, with interest.
OLATOntario Licence Appeal TribunalSep 27, 2024
