Application for accident benefits dismissed; applicant failed to prove injuries warranted 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 $3,500 Minor Injury Guideline (MIG) limit.
The applicant argued for removal from the MIG based on pre-existing physical and psychological impairments, accident-related psychological impairment, and chronic pain.
The Tribunal found the applicant failed to provide compelling medical evidence that his pre-existing conditions would prevent maximal medical recovery within the MIG.
The Tribunal also found insufficient evidence that the applicant suffered from accident-related psychological impairment or chronic pain with functional impairment.
The application was dismissed, and the applicant was found not entitled to the disputed treatment plans, interest, or an award.
OLATOntario Licence Appeal TribunalJan 16, 2025