Accident benefits denied; applicant failed to prove shoulder injury was caused by the motor vehicle accident.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant contended that a right shoulder injury requiring surgery warranted removal from the MIG.
The Tribunal found that the applicant failed to prove the shoulder injury was caused by the accident, noting a two-year delay in reporting the pain and medical records suggesting a workplace injury.
As the applicant remained within the MIG and the limits were exhausted, the claims for treatment plans, attendant care, interest, and an award were dismissed.
OLATOntario Licence Appeal TribunalMay 13, 2025