Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and its $3,500 funding limit.
The applicant argued she should be removed from the MIG due to pre-existing conditions, chronic pain, and psychological impairments.
The Tribunal found that the applicant failed to establish on a balance of probabilities that her pre-existing conditions prevented maximal recovery within the MIG, or that she suffered from chronic pain or psychological impairments caused by the accident.
The application was dismissed, and no benefits or interest were awarded.
OLATOntario Licence Appeal TribunalJun 19, 2023
