Application for accident benefits dismissed; injuries fell within Minor Injury Guideline and limits were exhausted.
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 chronic pain, relying on a consultation report.
The Tribunal gave limited weight to that report, preferring the evidence of the applicant's treating pain management physician, who did not diagnose Chronic Pain Syndrome.
The Tribunal found the applicant's injuries were predominantly minor.
As the $3,500 MIG limit was exhausted, the claims for treatment plans were dismissed.
The claim for a non-earner benefit was also dismissed as the applicant failed to demonstrate a complete inability to carry on a normal life.
OLATOntario Licence Appeal TribunalApr 12, 2023