Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on diagnoses including radiculopathy and chronic headaches, relying on letters from his chiropractor.
The Tribunal found that the applicant failed to provide compelling medical evidence of functional impairment that would warrant removal from the MIG.
Preferring the respondent's physiatry assessments, which concluded the injuries were minor sprains and strains, the Tribunal held the applicant remained subject to the $3,500 MIG limit.
Consequently, the disputed treatment plan for chiropractic services and the claim for interest were dismissed.
OLATOntario Licence Appeal TribunalMay 9, 2025
