Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on psychological injuries and chronic pain.
The Tribunal found that the applicant's physical injuries had resolved, noting his return to strenuous physical activity like boxing.
The Tribunal also rejected the psychological and chronic pain claims, giving little to no weight to the applicant's expert reports due to methodological flaws and inconsistencies with the clinical records.
As the applicant failed to prove his injuries warranted removal from the MIG and the $3,500 limit was exhausted, the application for disputed treatment plans and interest was dismissed.
OLATOntario Licence Appeal TribunalJun 20, 2023