Application for accident benefits dismissed; applicant failed to prove chronic pain or psychological impairment warranting removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied claims for physiotherapy and assessments, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on chronic pain, psychological impairment, and a pre-existing condition.
The Tribunal found the applicant failed to prove on a balance of probabilities that his chronic pain adversely affected his well-being, applying the AMA Guides criteria.
The Tribunal also gave little weight to the applicant's psychological evidence and found no documented pre-existing condition preventing maximal recovery.
As the MIG limits were exhausted, the application was dismissed.
OLATOntario Licence Appeal TribunalMay 17, 2021
