Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought accident benefits following a 2018 motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing injuries, chronic pain, and psychological impairments warranted removal from the MIG, and sought non-earner benefits (NEB) and funding for treatment plans.
The Tribunal found insufficient evidence of chronic pain or psychological impairment, noting a lack of contemporaneous medical records reporting psychological concerns.
The Tribunal also found the applicant did not suffer a complete inability to carry on a normal life, as she had successfully continued her education and secured employment.
The application was dismissed, and the applicant remained subject to the MIG.
OLATOntario Licence Appeal TribunalJan 3, 2024
