Application for accident benefits dismissed; injuries fell within MIG and non-earner benefit test not met.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered predominantly minor soft-tissue injuries and failed to provide compelling medical evidence of chronic pain or psychological impairments warranting removal from the MIG.
Furthermore, the applicant did not establish a complete inability to carry on a normal life, as she continued to engage in most pre-accident activities, and was therefore not entitled to a non-earner benefit.
The application was dismissed.
OLATOntario Licence Appeal TribunalDec 29, 2021