Application for accident benefits dismissed; claims statute-barred and injuries fall within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied several treatment plans and assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the applicant failed to dispute the denials within the two-year limitation period.
The Tribunal found that the insurer provided clear and unequivocal denials, triggering the limitation period, and declined to extend the time under s. 7 of the LAT Act.
Furthermore, the Tribunal held that the applicant's physical injuries were minor and that she failed to provide compelling evidence of a psychological impairment, chronic pain, or a pre-existing condition that would remove her from the MIG.
OLATOntario Licence Appeal TribunalJun 19, 2020
