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 several treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued for removal from the MIG due to post-concussion syndrome, pre-existing scoliosis, and psychological injuries.
The Tribunal found that the applicant did not sustain a concussion or psychological injury warranting removal, and failed to provide compelling medical evidence that her pre-existing conditions precluded recovery within the MIG.
The Tribunal also found the respondent's denial notices were compliant with the Schedule.
The application was dismissed.
OLATOntario Licence Appeal TribunalFeb 26, 2025
