Accident benefits denied as applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought payment for various medical treatments, assessments, disability certificates, and Income Replacement Benefits (IRBs) following a motor vehicle accident.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The adjudicator found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain or a psychological impairment that would remove him from the MIG.
Consequently, the claims for medical benefits and assessments were denied.
Furthermore, while the applicant may have been entitled to IRBs, he failed to provide sufficient financial records to calculate the quantum, resulting in an award of $0 per week.
OLATOntario Licence Appeal TribunalMar 12, 2018