Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her physical and psychological injuries, as well as chronic pain, warranted removal from the Minor Injury Guideline (MIG).
The respondent denied the claims, arguing the injuries were soft tissue in nature and resolved prior to a subsequent workplace accident.
The Tribunal found that the applicant failed to prove causation, as medical evidence indicated her motor vehicle accident injuries had resolved before the workplace incident.
The Tribunal also rejected the applicant's psychological and chronic pain claims, preferring the corroborating medical evidence that showed no such impairments prior to the workplace accident.
The application was dismissed, and the applicant was not entitled to the disputed treatment plans, an award, or interest.
OLATOntario Licence Appeal TribunalJan 10, 2024