Application for accident benefits dismissed; late disability certificate barred IRBs and injuries fell within MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs) and medical benefits outside the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal dismissed the application.
The Tribunal found the applicant was precluded from claiming IRBs due to the late submission of a disability certificate (OCF-3), which was provided over four years post-accident.
Furthermore, the Tribunal preferred the respondent's medical evidence, concluding the applicant sustained predominantly minor soft-tissue injuries and did not suffer from significant psychological impairments.
Consequently, the applicant remained subject to the $3,500 MIG limit, and the disputed treatment plans were deemed not reasonable and necessary.
OLATOntario Licence Appeal TribunalJan 9, 2023
