Application for accident benefits dismissed; injuries fell within Minor Injury Guideline and pre-existing condition exception not met.
The applicant sought statutory accident benefits for medical and rehabilitation treatments following a motor vehicle accident.
The insurer denied the treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued that psychological impairments and a pre-existing condition of Crohn's disease removed him from the MIG.
The Tribunal found that the applicant suffered only soft tissue injuries, failed to establish a psychological impairment, and did not provide compelling evidence that his Crohn's disease prevented maximal recovery under the MIG.
The application was dismissed.
OLATOntario Licence Appeal TribunalAug 8, 2019
