Accident benefits denied; applicant failed to prove chronic pain warranted removal from Minor Injury Guideline.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits for chiropractic services and a chronic pain assessment.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that a diagnosis of chronic pain warranted removal from the MIG.
The Tribunal found that the applicant failed to demonstrate that his chronic pain resulted in functional impairment or disability, noting a lack of medical evidence and a return to full-time work.
The Tribunal concluded the applicant remained within the MIG and dismissed the claims for medical and rehabilitation benefits.
OLATOntario Licence Appeal TribunalJan 22, 2025
