Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following two motor vehicle accidents.
The insurer denied various treatment plans for chiropractic and massage therapy, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on a pre-existing condition and chronic pain.
The Tribunal found no compelling evidence of a pre-existing condition that would prevent maximal recovery within the MIG limits.
Furthermore, surveillance and employment evidence contradicted the applicant's claim of chronic pain, showing he worked 12-hour shifts and engaged in physical activities without apparent discomfort.
The Tribunal concluded the injuries were predominantly minor and dismissed the application.
OLATOntario Licence Appeal TribunalJun 29, 2018
