Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought medical benefits for chronic pain assessments and programs following a rear-end motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant's physical injuries were predominantly minor soft tissue injuries and that she failed to establish that her chronic pain or pre-existing psychological condition warranted removal from the MIG.
As the requested treatment plans exceeded the remaining MIG funding limit, they were not payable, and the application was dismissed.
Elvira Castillo v. TD General Insurance Company, 2021 CanLII 18907