Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB test not met.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that a pre-existing knee condition and accident-related chronic pain warranted removal from the MIG.
The Licence Appeal Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing condition prevented recovery within the MIG, and preferred the respondent's physiatrist's evidence that the injuries were soft-tissue in nature.
The Tribunal also dismissed the claim for an income replacement benefit, finding no evidence that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalNov 17, 2023
