Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on pre-existing conditions, chronic pain, and psychological impairments.
The Tribunal found that the applicant failed to provide compelling medical evidence that her pre-existing conditions prevented maximal medical recovery, or that she suffered from chronic pain with functional impairment or a psychological condition warranting removal.
The application for disputed treatment plans and interest was dismissed.
OLATOntario Licence Appeal TribunalJan 13, 2025
