Applicant's injuries fall within the Minor Injury Guideline; claims for further medical benefits dismissed.
The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits.
The respondent insurer deemed the injuries to fall within the Minor Injury Guideline (MIG), capping benefits at $3,500.
The applicant argued he should be removed from the MIG due to pre-existing conditions, chronic pain, and psychological impairment.
The Tribunal found insufficient evidence of a pre-existing condition preventing maximal recovery, and no persuasive proof of chronic pain or psychological impairment.
The Tribunal concluded the applicant's injuries were predominantly minor and subject to the MIG cap.
As the cap was exhausted, the claims for further benefits and interest were dismissed.
OLATOntario Licence Appeal TribunalJan 22, 2020
