Applicant's claim for removal from the Minor Injury Guideline due to chronic pain and psychological impairment dismissed.
The applicant was a pedestrian struck by a vehicle and sought statutory accident benefits.
The respondent insurer limited the applicant's medical and rehabilitation benefits to the $3,500 cap under the Minor Injury Guideline (MIG).
The applicant applied to the Licence Appeal Tribunal, arguing that chronic pain and psychological impairment warranted removal from the MIG.
The adjudicator found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain or a psychological impairment, preferring the objective findings of the insurer's examination assessors over the subjective reports of the applicant's experts.
As the injuries fell within the MIG and the maximum benefits had already been approved, the disputed treatment plans were denied.
The claims for an award and costs were also dismissed, as the insurer did not act unreasonably.
OLATOntario Licence Appeal TribunalApr 23, 2020
