Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant was involved in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and various medical and rehabilitation benefits.
The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and its $3,500 funding limit.
The Tribunal found that the applicant sustained predominantly minor injuries (soft tissue sprains/strains) and failed to prove that pre-existing conditions, neurological issues, psychological injuries, or chronic pain warranted removal from the MIG.
The Tribunal also found the applicant failed to demonstrate a substantial inability to perform the essential tasks of his pre-accident employment, denying the claim for IRBs.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalJul 20, 2023
