Applicant's injuries found to be predominantly minor; removal from Minor Injury Guideline denied.
The applicant sought statutory accident benefits following a rear-end motor vehicle accident.
The respondent insurer denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The Tribunal found that the applicant failed to prove that pre-existing conditions, psychological impairments, or chronic pain warranted removal from the MIG.
The Tribunal preferred the insurer's psychological assessment over the applicant's, noting inconsistencies and a lack of reporting to the family doctor.
As the injuries were predominantly minor and the MIG limit was exhausted, the disputed treatment plans were not payable.
OLATOntario Licence Appeal TribunalFeb 24, 2023