Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain medical benefits, arguing the injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that psychological impairments and chronic pain removed him from the MIG.
The Tribunal preferred the respondent's psychological assessment, which utilized validity indices, over the applicant's assessment, which relied primarily on self-reporting.
The Tribunal found the applicant failed to prove his injuries were not predominantly minor, and therefore the disputed medical benefits, interest, and award were not payable.
OLATOntario Licence Appeal TribunalMar 26, 2018