Applicant's injuries remain within the Minor Injury Guideline; pre-existing condition exception not established.
The applicant sought accident benefits following a motor vehicle accident, arguing that a pre-existing neck condition warranted removal from the Minor Injury Guideline (MIG).
The Tribunal found the applicant's medical evidence, consisting primarily of a checkmark on a faxed note from his family physician, insufficient to prove the pre-existing condition precluded recovery within the MIG.
Relying on a comprehensive independent medical examination, the Tribunal concluded the injuries remained predominantly minor.
The claims for a physiotherapy treatment plan, an award for unreasonable delay, and interest were dismissed.
OLATOntario Licence Appeal TribunalMay 27, 2025