Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits, which the respondent insurer denied on the basis that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing conditions, chronic pain, and psychological impairments warranted removal from the MIG.
The Tribunal found that the applicant's physical injuries were uncomplicated soft-tissue injuries and that she failed to provide compelling evidence that any pre-existing condition prevented her recovery within the MIG.
Furthermore, the Tribunal preferred the respondent's medical evidence regarding the lack of a psychological impairment, noting inconsistencies in the applicant's expert reports.
The application was dismissed, and the disputed treatment plans were found not to be reasonable and necessary.
OLATOntario Licence Appeal TribunalMay 18, 2021