Application for accident benefits dismissed; injuries found to be predominantly minor and subject to MIG limits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical injuries were predominantly soft-tissue in nature, supported by normal diagnostic imaging.
The Tribunal also rejected the applicant's claim of psychological impairment, preferring the respondent's in-person psychological assessment over the applicant's telephone-based assessment.
As the applicant failed to prove his injuries warranted removal from the MIG, the disputed treatment plans exceeding the $3,500 limit were not payable.
OLATOntario Licence Appeal TribunalFeb 2, 2023
