Application for accident benefits dismissed as applicant failed to prove chronic pain warranted removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued she should be removed from the MIG due to accident-related chronic pain with functional impairment.
The Tribunal found that while the applicant had been diagnosed with chronic pain, there was insufficient evidence that the pain caused severe distress accompanied by functional impairment or disability.
The Tribunal noted the applicant self-reported not taking medication and being independent with self-care.
As the applicant failed to prove her injuries warranted removal from the MIG, the disputed treatment plans, interest, and an award for unreasonable delay were denied.
OLATOntario Licence Appeal TribunalJan 18, 2024
