Application for accident benefits dismissed; applicant failed to establish grounds for removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing that his pre-existing lumbar back pain and a psychological impairment warranted removal from the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to provide compelling medical evidence that his pre-existing condition would prevent maximal recovery within the MIG limits.
Furthermore, the Tribunal preferred the respondent's psychological assessment, concluding that the applicant did not suffer a psychological impairment caused by the accident.
As the applicant's injuries were deemed predominantly minor and the full $3,500 MIG limit had already been approved, the disputed treatment plans and claims for interest were dismissed.
OLATOntario Licence Appeal TribunalFeb 1, 2024