Tribunal finds applicant's injuries fall within the Minor Injury Guideline and denies non-earner benefits.
The applicant was injured in a motor vehicle accident and sought medical, rehabilitation, and non-earner benefits.
The respondent insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that chronic pain and psychological impairments took him outside the MIG.
The Tribunal found that the applicant did not meet the AMA Guides criteria for chronic pain and failed to prove a psychological impairment, giving little weight to the applicant's medical experts due to inconsistencies.
The Tribunal concluded the injuries were predominantly minor, dismissed the claim for non-earner benefits as the applicant returned to work and most pre-accident activities, and denied claims for a special award, interest, and costs.
OLATOntario Licence Appeal TribunalSep 10, 2019
