Accident benefits claim dismissed as applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied various treatment plans and an income replacement benefit on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical injuries were soft tissue in nature and captured by the MIG.
The Tribunal rejected the applicant's claims of psychological impairment and chronic pain, noting inconsistent self-reporting and placing little weight on a chronic pain assessment conducted via videoconference without objective documentation.
As the applicant failed to prove her injuries warranted removal from the MIG and the $3,500 limit was exhausted, the disputed treatment plans were denied.
The claim for an income replacement benefit was also dismissed as the applicant provided no submissions on the issue.
OLATOntario Licence Appeal TribunalJul 5, 2023
