Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline and non-earner test unmet.
The applicant sought medical and rehabilitation benefits and non-earner benefits following a motor vehicle accident.
The respondent denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant failed to prove that pre-existing conditions, chronic pain, or psychological impairments warranted removal from the MIG, noting inconsistencies and omissions in her self-reports to medical experts.
The Tribunal also dismissed the claim for non-earner benefits, finding the applicant's evidence regarding her post-accident education and activities unreliable and insufficient to establish a complete inability to carry on a normal life.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalOct 12, 2021
