Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and cap was reached.
The applicant sought statutory accident benefits, including non-earner benefits and payment for two treatment plans, following a motor vehicle accident.
The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 cap had been reached.
The Tribunal found that the applicant's physical injuries were predominantly soft tissue injuries and that he failed to prove his pre-existing conditions or alleged psychological impairments took him out of the MIG.
The Tribunal rejected the applicant's psychological expert evidence as unreliable and preferred the respondent's expert evidence.
The Tribunal also found the applicant did not suffer a complete inability to carry on a normal life, dismissing the claim for non-earner benefits.
OLATOntario Licence Appeal TribunalFeb 14, 2018
