Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limit.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.
The applicant argued she suffered from chronic pain and psychological impairments warranting removal from the MIG.
The Tribunal found the applicant failed to provide sufficient medical evidence to establish a chronic pain condition or psychological impairment, preferring the respondent's expert medical reports.
As the injuries were predominantly minor and the MIG limit was exhausted, the disputed treatment plans were not payable and the application was dismissed.
OLATOntario Licence Appeal TribunalJan 24, 2023