Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to removal from the Minor Injury Guideline (MIG) due to a left knee injury, chronic pain, and psychological impairments.
The adjudicator found that the applicant failed to prove her injuries warranted removal from the MIG, noting pre-existing osteoarthritis and a lack of contemporaneous reporting of knee pain.
The adjudicator also determined that the respondent provided proper medical reasons for denying the disputed treatment plans under s. 38(8) of the Schedule.
The claim for non-earner benefits was dismissed as the applicant did not establish a complete inability to carry on a normal life, having returned to her pre-accident activities.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalJul 18, 2025
