Accident benefits claim dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought accident benefits following a motor vehicle accident, claiming her injuries warranted removal from the Minor Injury Guideline (MIG) due to a pre-existing condition and chronic pain.
The Licence Appeal Tribunal found insufficient objective medical evidence to support a pre-existing condition or chronic pain with functional impairment.
The Tribunal concluded the applicant's injuries were predominantly minor, subject to the MIG and its $3,500 funding limit.
Consequently, the claims for chiropractic treatment plans, interest, and an award for unreasonable delay were dismissed.
OLATOntario Licence Appeal TribunalOct 16, 2024