Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing migraines and wrist pain, as well as psychological impairments, removed him from the MIG.
The Tribunal found that the applicant failed to provide compelling evidence that his pre-existing conditions would prevent maximal recovery under the MIG limits.
Furthermore, the applicant was precluded from relying on his psychological assessment to escape the MIG because he failed to attend the scheduled section 44 insurer's examinations.
The application for medical benefits, interest, and a special award was dismissed.
OLATOntario Licence Appeal TribunalJun 7, 2018
