Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain medical benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to a pre-existing condition (Degenerative Disk Disease) and chronic pain.
The Tribunal found that the applicant failed to provide compelling evidence that her pre-existing condition prevented her from reaching maximal recovery within the MIG, noting her family doctor found no change in her condition since before the accident.
The Tribunal also found the applicant did not establish a chronic pain diagnosis meeting the AMA Guides criteria.
As the applicant's injuries were predominantly minor and she had exhausted the $3,500 MIG limit, the application for medical benefits and interest was dismissed.
OLATOntario Licence Appeal TribunalDec 8, 2021
