Application for accident benefits dismissed; applicant failed to establish grounds for removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing degenerative disc disease and chronic pain warranted removal from the MIG.
The Tribunal found that while the applicant had a pre-existing condition, she failed to provide compelling medical evidence that it precluded her recovery within the MIG limits, relying instead on the respondent's insurer's examination reports which found only uncomplicated soft tissue injuries.
The Tribunal also dismissed the applicant's claim for an income replacement benefit, finding insufficient medical evidence to establish a substantial inability to perform the essential tasks of her employment.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalFeb 5, 2026
