Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the respondent insurer.
The insurer denied a treatment plan for physiotherapy and a claim for income replacement benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The adjudicator found that the applicant's physical and psychological injuries were predominantly minor, preferring the insurer's expert reports over the applicant's treating physicians due to gaps in treatment and lack of causal connection.
The adjudicator also concluded that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment as a restaurant manager.
The application was dismissed.
OLATOntario Licence Appeal TribunalMar 3, 2022
