Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and limits were exhausted.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
As a preliminary issue, the Tribunal found the applicant was not statute-barred from disputing a treatment plan, as the limitation period was extended by 183 days due to the COVID-19 pandemic under O. Reg. 73/20.
On the substantive issues, the Tribunal held that the applicant failed to establish chronic pain or psychological impairments warranting removal from the MIG.
Because the $3,500 MIG limit was already exhausted, the disputed treatment plans were not payable, and the application was dismissed.
OLATOntario Licence Appeal TribunalMar 17, 2023
