Application for accident benefits dismissed; applicant's injuries deemed minor and credibility undermined by undisclosed medical history.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to medical and rehabilitation benefits beyond the $3,500 Minor Injury Guideline cap due to pre-existing conditions and psychological impairments, as well as income replacement benefits.
The Tribunal found the applicant's injuries were predominantly minor and that he failed to prove his pre-existing conditions prevented maximal recovery within the cap, noting significant credibility issues due to his failure to disclose prior injuries and psychological issues to assessors.
The claim for income replacement benefits was also dismissed as the applicant failed to prove a substantial inability to perform the essential tasks of his employment.
OLATOntario Licence Appeal TribunalJul 29, 2019
