Application for accident benefits dismissed as the applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that a pre-existing condition of diabetes, psychological impairments, a concussion, and chronic pain warranted removal from the MIG.
The Tribunal found that the applicant failed to prove on a balance of probabilities that his injuries fell outside the MIG.
As the $3,500 MIG limit had been exhausted, the disputed treatment plans for psychological and chiropractic services were not payable.
The application was dismissed.
OLATOntario Licence Appeal TribunalNov 16, 2023
