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 central issue was whether the applicant's injuries fell within the Minor Injury Guideline (MIG), which caps treatment at $3,500.
The applicant argued that psychological impairments, chronic pain, and pre-existing conditions removed him from the MIG.
The Tribunal found that the applicant failed to provide compelling medical evidence from appropriately qualified practitioners to substantiate these claims, preferring the respondent's psychiatric and physiatry evidence.
The Tribunal also excluded the applicant's late challenge to the respondent's expert reports due to non-compliance with the Tribunal's rules on notice.
The application was dismissed, and the claimed medical benefits and assessment costs were denied.
OLATOntario Licence Appeal TribunalNov 6, 2017
