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 Tribunal found that the applicant's injuries were predominantly minor and that he failed to provide compelling medical evidence of a pre-existing condition, psychological impairment, or chronic pain syndrome that would warrant removal from the MIG.
As the remaining MIG limit was insufficient to cover the proposed chronic pain assessment, and the assessment was not reasonable and necessary, the claim was dismissed.
No interest was awarded as no benefits were overdue.
OLATOntario Licence Appeal TribunalJan 10, 2024