Applicant removed from MIG due to chronic pain but denied non-earner benefit.
The applicant sought statutory accident benefits following a single-vehicle accident.
The Tribunal found the applicant was not entitled to a non-earner benefit, as she failed to demonstrate a complete inability to carry on a normal life, noting her pre-existing conditions and lack of evidence showing a significant post-accident functional decline.
However, the Tribunal removed the applicant from the Minor Injury Guideline (MIG), finding she met the criteria for chronic pain and suffered an exacerbation of prior psychological impairments.
The Tribunal awarded $2,460.00 for a psychological assessment but denied a $3,805.69 claim for physiotherapy because the treatment plan was not submitted into evidence.
OLATOntario Licence Appeal TribunalApr 18, 2023