Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits for a psychological assessment and a chronic pain assessment following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to prove she suffered from a psychological impairment or chronic pain that would remove her from the MIG, preferring the respondent's medical assessments which aligned with the family physician's clinical notes.
The Tribunal also found insufficient evidence that a pre-existing shoulder condition prevented maximal recovery.
The application was dismissed.
OLATOntario Licence Appeal TribunalJun 22, 2018
