Application for accident benefits dismissed as injuries remained within the Minor Injury Guideline.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits.
The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant applied to the Tribunal, claiming she should be removed from the MIG due to chronic pain with functional impairment and a psychological condition.
The Tribunal found that the applicant failed to provide compelling medical evidence to support removal from the MIG.
The Tribunal preferred the comprehensive s. 44 assessments provided by the respondent's experts over the applicant's OCF-18s, which were completed to secure funding.
As the applicant remained within the MIG, the disputed treatment plans were not considered, and claims for an award and interest were dismissed.
OLATOntario Licence Appeal TribunalApr 4, 2025
