Accident benefits claim dismissed as applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits for an attendant care assessment and chiropractic treatment.
The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the proposed treatment would exceed the $3,500 cap.
The Tribunal found that while the applicant sustained an impairment, he failed to meet the burden of proving his injuries warranted treatment outside the MIG.
The Tribunal rejected the applicant's claims of chronic pain and psychological impairment due to insufficient medical evidence and credibility issues.
Consequently, the disputed treatment plans and claim for interest were dismissed.
OLATOntario Licence Appeal TribunalMay 5, 2017
