Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied funding for a $2,495.48 physiotherapy treatment plan on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit was exhausted.
The applicant argued that a pre-existing finger fracture and a psychological injury warranted removal from the MIG.
The Tribunal found insufficient evidence that the pre-existing injury hindered recovery and rejected the psychological assessment report as it contradicted the applicant's medical records.
The application was dismissed, and the applicant was held to the MIG limits.
OLATOntario Licence Appeal TribunalApr 10, 2018
