Claims for non-earner and medical benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits and various medical and rehabilitation benefits.
The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline.
The Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, as her pre-existing chronic pain and psychological issues were the primary cause of her impairments, and there was no discernible difference in her life post-accident.
The Tribunal also concluded that the applicant sustained predominantly minor injuries, finding insufficient evidence of a concussion or exacerbation of pre-existing conditions that would preclude recovery within the guideline.
Consequently, the claims for non-earner benefits, medical benefits beyond the funding limit, and an award for unreasonable delay were dismissed.
OLATOntario Licence Appeal TribunalJan 28, 2025