Application for accident benefits beyond the Minor Injury Guideline dismissed due to evidence of symptom magnification.
The applicant sought statutory accident benefits beyond the $3,500 Minor Injury Guideline (MIG) limit following a motor vehicle accident, claiming psychological injuries and chronic pain.
The respondent denied the claims, arguing the injuries were minor.
The Tribunal preferred the respondent's psychological and medical evidence, which indicated symptom magnification and malingering, over the applicant's evidence.
The Tribunal found the applicant's injuries fell within the MIG and, as the funding limit was exhausted, dismissed the application for further medical benefits, interest, and an award.
OLATOntario Licence Appeal TribunalFeb 15, 2023
