Application for accident benefits dismissed; applicant failed to prove pre-existing conditions warranted removal from MIG.
The applicant sought statutory accident benefits following a 2022 motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing chronic pain and psychological impairments from a 2009 accident warranted removal from the MIG.
The Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing conditions prevented maximal recovery within the MIG limit, preferring the respondent's psychiatric assessment over the applicant's psychological report.
The Tribunal also dismissed the applicant's claim for a non-earner benefit due to the failure to submit a completed disability certificate within the 104-week entitlement period.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalSep 23, 2025
