Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline cap.
The applicant sought payment for various medical and assessment benefits following a motor vehicle accident.
The respondent insurer denied the benefits on the basis that the applicant's injuries were predominantly minor and subject to the $3,500 limit under the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's injuries were soft tissue in nature and fell within the MIG.
The Tribunal preferred the evidence of the insurer's examiners over the applicant's assessors, noting the former reviewed comprehensive medical records.
Furthermore, the applicant failed to provide compelling evidence of a pre-existing medical condition that would warrant an exception to the MIG cap.
The application was dismissed.
OLATOntario Licence Appeal TribunalFeb 2, 2017
