Application for accident benefits dismissed; applicant's injuries fell within the Minor Injury Guideline.
The applicant, a minor, was injured in a motor vehicle accident and sought statutory accident benefits for chiropractic treatment.
The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and she had exhausted the $3,500 funding limit.
The applicant argued she should be removed from the MIG due to pre-existing knee issues, chronic pain, and psychological symptoms.
The Tribunal found insufficient evidence to support removal from the MIG, noting the applicant's return to full-time school and sports, and the lack of a chronic pain diagnosis or psychological treatment.
The application was dismissed.
OLATOntario Licence Appeal TribunalFeb 18, 2022
