Application for accident benefits dismissed as injuries were predominantly minor and subject to the MIG limit.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.
The adjudicator found that the applicant failed to meet her burden of proving chronic pain with functional impairment, noting inconsistencies in her medical records and a lack of objective evidence supporting the criteria for chronic pain syndrome.
The adjudicator also preferred the respondent's psychological assessment, which found no need for services beyond the MIG, over the applicant's evidence.
As the applicant's injuries were deemed predominantly minor, she was subject to the $3,500 MIG limit, and her claims for psychological and chronic pain assessments, as well as interest, were dismissed.
OLATOntario Licence Appeal TribunalJul 23, 2025
