Accident benefits denied as applicant's injuries fell within the Minor Injury Guideline and evidence was insufficient.
The applicant sought various statutory accident benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain, psychological injuries, and pre-existing conditions.
The Licence Appeal Tribunal found that the applicant's injuries were predominantly minor, noting significant gaps in her medical records and assigning little weight to her expert assessors who were unaware of her pre-accident medical history.
The Tribunal dismissed the claims for treatment plans, assessments, and a non-earner benefit, concluding the applicant failed to meet her burden of proof.
OLATOntario Licence Appeal TribunalApr 14, 2023
