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 respondent denied various treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG on the basis of chronic pain and a psychological condition.
The Tribunal found that the applicant failed to provide sufficient objective medical evidence to support a chronic pain diagnosis under the AMA Guides or a psychological impairment.
The Tribunal gave little weight to the applicant's expert reports, noting they relied heavily on self-reporting and lacked psychometric testing or corroborating medical records.
Consequently, the applicant's injuries were deemed predominantly minor, and the claims for disputed treatment plans, interest, and an award were dismissed.
OLATOntario Licence Appeal TribunalNov 12, 2025