Application for accident benefits beyond the Minor Injury Guideline cap dismissed for lack of objective medical evidence.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and chiropractic services.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 cap.
The Tribunal found that the applicant's soft tissue injuries fell within the definition of minor injuries under the Schedule.
The applicant failed to provide objective medical evidence of chronic pain or a pre-existing condition that would prevent maximal recovery under the MIG.
Consequently, the Tribunal held the applicant was not entitled to treatment beyond the MIG cap, and dismissed the claims for the disputed treatment plans and interest.
The respondent's request for costs was also denied.
OLATOntario Licence Appeal TribunalMar 28, 2017
