Application for accident benefits dismissed; injuries remained within MIG and surveillance contradicted IRB claim.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that his injuries fell within the Minor Injury Guideline (MIG) and claiming entitlement to income replacement benefits (IRBs) and a chiropractic treatment plan.
The Tribunal found that the applicant failed to provide sufficient medical evidence to warrant removal from the MIG, noting the absence of corroborating evidence for diagnoses of sciatica and bursitis.
As the $3,500 MIG limit was exhausted, the treatment plan was denied.
The Tribunal also dismissed the claim for IRBs, finding the applicant failed to prove a substantial inability to perform the essential tasks of his pre-accident employment as a barber.
The Tribunal preferred the respondent's medical examination and relied on surveillance footage showing the applicant performing barbering tasks in his garage.
The application was dismissed.
OLATOntario Licence Appeal TribunalMar 27, 2025
