Application for accident benefits beyond the Minor Injury Guideline cap dismissed for lack of medical evidence.
The appellant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG) and its $3,500 cap.
The appellant argued he suffered from chronic pain and psychological impairments, and had pre-existing conditions preventing maximal recovery within the MIG.
The Licence Appeal Tribunal found the medical evidence, including clinical notes and insurer's examinations, did not support a finding of more than predominantly minor injuries.
The Tribunal also found no compelling evidence that the appellant's pre-existing conditions hindered his recovery.
As the appellant had not incurred expenses beyond the cap, the disputed treatment plans, interest, and costs were denied.
OLATOntario Licence Appeal TribunalDec 7, 2018
