Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG due to a pre-existing degenerative disc condition and accident-related psychological impairments.
The Tribunal found that the applicant failed to prove the pre-existing condition would prevent maximal recovery within the MIG, relying on the insurer's medical assessment.
The Tribunal also gave little weight to the psychological diagnoses provided by a chiropractor and preferred the insurer's psychological assessment.
The application was dismissed, and the applicant was found not entitled to the disputed treatment plans or interest.
OLATOntario Licence Appeal TribunalApr 14, 2026
