Application for accident benefits dismissed; applicant failed to prove injuries fell outside Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and various treatment plans, arguing his injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain and psychological injuries.
The Tribunal found the applicant failed to comply with production orders, resulting in the exclusion of late evidence and negative inferences.
The Tribunal held the applicant did not prove a complete inability to carry on a normal life, failing the Heath test, and did not establish causation for his ongoing pain or psychological issues.
The application was dismissed, with injuries deemed within the MIG and funding exhausted.
OLATOntario Licence Appeal TribunalJun 28, 2022
