Application for accident benefits beyond the Minor Injury Guideline dismissed for lack of compelling psychological evidence.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries fell outside the Minor Injury Guideline (MIG) due to a pre-existing psychological condition and accident-related driving anxiety.
The Licence Appeal Tribunal found the applicant failed to provide compelling evidence that a pre-existing condition prevented her from achieving maximal medical recovery within the MIG limit.
The Tribunal preferred the respondent's psychological assessment, which concluded the applicant's injuries were minor and not a barrier to recovery.
The application for additional medical benefits and interest was dismissed.
OLATOntario Licence Appeal TribunalNov 28, 2022
