Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a rear-end motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed exemptions from the MIG based on neurological issues, psychological impairment, pre-existing conditions, and chronic pain.
The adjudicator found that the applicant's physical injuries were soft tissue in nature and that she failed to establish any psychological or neurological diagnosis, pre-existing condition, or functionally disabling chronic pain that would warrant removal from the MIG.
As the applicant had exhausted the $3,500 MIG limit, her claim for a $3,948.91 physiotherapy treatment plan and interest was dismissed.
OLATOntario Licence Appeal TribunalMar 13, 2023