Application for accident benefits beyond the Minor Injury Guideline dismissed due to lack of concussion diagnosis.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to treatment plans beyond the $3,500 Minor Injury Guideline (MIG) limit due to a concussion and post-concussion syndrome.
The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered an accident-related concussion warranting removal from the MIG.
The Tribunal preferred the respondent's expert evidence, which found no neurocognitive impairment, over the applicant's expert evidence, which was deemed contradictory.
The application for the disputed treatment plans, interest, and an award for unreasonable delay was dismissed.
OLATOntario Licence Appeal TribunalDec 23, 2024