Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline with no pre-existing condition.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a physiotherapy treatment plan and an orthopaedic assessment.
The insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit applied.
The applicant argued that her injuries were not predominantly minor and that she had a pre-existing condition that would prevent her from achieving maximal recovery within the MIG limit.
The Licence Appeal Tribunal found that the applicant's injuries were predominantly minor soft tissue injuries.
The Tribunal also found no compelling evidence of a pre-existing medical condition that would take the applicant outside the MIG.
As funds remained within the MIG limit, the Tribunal dismissed the claims for the treatment plan, assessment, and interest.
OLATOntario Licence Appeal TribunalJan 3, 2018
