Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she suffered from psychological impairments and chronic pain that warranted removal from the MIG.
The Tribunal found the applicant failed to provide compelling evidence of an accident-related psychological impairment or functional impairment resulting from chronic pain.
Consequently, the applicant's injuries were deemed predominantly minor, and she was not entitled to the disputed physiotherapy treatment plan or interest.
OLATOntario Licence Appeal TribunalSep 17, 2024