Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB test not met.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical and psychological injuries were minor and that she did not have a pre-existing condition that would prevent maximal recovery within the MIG limits.
Consequently, the applicant's claims for medical and rehabilitation benefits were dismissed as the $3,500 limit had been exhausted.
The Tribunal also dismissed the claim for income replacement benefits, finding insufficient evidence that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment.
OLATOntario Licence Appeal TribunalMay 31, 2019
