Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline and IRB test unmet.
The applicant sought statutory accident benefits following a rear-end motor vehicle accident.
The respondent insurer denied various treatment plans and income replacement benefits (IRBs), arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant's injuries were minor, rejecting reports of psychological impairment and chronic pain due to inconsistencies and suspected malingering.
The Tribunal preferred the insurer's medical examinations, concluding the applicant was subject to the $3,500 MIG limit and not entitled to the disputed medical benefits.
The claim for IRBs was also dismissed as the applicant failed to prove an inability to perform essential tasks and did not disclose post-accident income.
OLATOntario Licence Appeal TribunalJun 13, 2024
