Applicant's injuries deemed minor and subject to MIG limits due to symptom magnification and lack of impairment.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.
The Tribunal found that the applicant's injuries were predominantly minor and subject to the $3,500 MIG limit.
Relying on the respondent's expert assessments, which included validity testing indicating symptom magnification, the Tribunal concluded the applicant did not suffer from a psychological impairment or chronic pain syndrome.
The Tribunal approved two physiotherapy treatment plans and prescription expenses as reasonable and necessary within the MIG limit, but denied a third physiotherapy plan, a psychological assessment, and a chronic pain assessment.
Claims for an award for unreasonable delay were dismissed, though interest was awarded on the approved benefits.
OLATOntario Licence Appeal TribunalDec 23, 2022
