Application for income replacement and medical benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant was involved in a motor vehicle accident and sought income replacement benefits (IRB) and medical benefits beyond the Minor Injury Guideline (MIG) limit.
The respondent denied the benefits, arguing the injuries fell within the MIG.
The Tribunal found that the applicant's physical injuries were soft tissue in nature and fell within the MIG.
The applicant failed to provide sufficient medical evidence to prove a psychological injury that would warrant removal from the MIG.
Furthermore, the Tribunal found the applicant was not entitled to IRB because he continued to work post-accident and failed to establish a substantial inability to perform the essential tasks of his self-employment as a real estate agent.
The application was dismissed.
OLATOntario Licence Appeal TribunalSep 11, 2020