Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The respondent denied funding for a physiotherapy treatment plan on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.
The applicant argued he should be removed from the MIG due to chronic pain and psychological impairments, relying on expert reports from a physiatrist and a psychiatrist.
The Tribunal found the expert reports unpersuasive as they failed to distinguish pre-existing conditions, relied on an unproven concussion diagnosis, and contradicted the objective medical records of the treating family physician.
The Tribunal concluded the applicant sustained only minor soft tissue injuries and dismissed the application.
OLATOntario Licence Appeal TribunalApr 6, 2022
