Accident benefits claim dismissed; applicant failed to prove pre-existing conditions warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her injuries fell outside the Minor Injury Guideline (MIG) due to pre-existing conditions including chronic back pain, depression, and a potential concussion.
The Licence Appeal Tribunal found insufficient medical evidence to demonstrate that any pre-existing condition prevented the applicant from achieving maximal medical recovery within the MIG limits.
Relying on an insurer's examination which concluded the applicant's soft tissue injuries had resolved, the Tribunal held the injuries were predominantly minor.
As the $3,500 MIG funding limit was exhausted, the claim for an occupational therapy treatment plan, along with claims for a section 10 award and interest, were dismissed.
OLATOntario Licence Appeal TribunalFeb 23, 2024
