Application for accident benefits dismissed; applicant failed to prove IRB entitlement or grounds for MIG removal.
The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB) and removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.
The Tribunal first determined that the applicant was not barred from proceeding despite failing to attend an insurer's examination, as the examination was requested months after the application was filed.
On the merits, the Tribunal found the applicant was not entitled to an IRB because she failed to prove a substantial inability to perform the essential tasks of her pre-accident employment as a customer service representative, having focused her evidence on her post-accident goal of becoming a hairdresser.
The Tribunal also held that the applicant's injuries remained within the MIG, rejecting her claims of chronic pain and psychological impairment due to insufficient medical evidence and methodological flaws in her expert's psychological assessment.
Finally, the Tribunal found the insurer's denial notices were compliant with the Schedule, dismissing the application in its entirety.
OLATOntario Licence Appeal TribunalNov 10, 2025
