Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline funding limit.
The applicant sought accident benefits following a motor vehicle collision.
The respondent denied a chiropractic treatment plan and a chronic pain assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.
The applicant argued that pre-existing low back pain, psychological impairments, and chronic pain removed him from the MIG.
The Tribunal found that the applicant failed to provide compelling medical evidence of a pre-existing condition that would prevent maximal recovery within the MIG limits.
Furthermore, the Tribunal gave little weight to the orthopaedic surgeon's recording of self-reported psychological symptoms and found insufficient evidence to establish chronic pain.
As the injuries were predominantly minor and the funding limit was exhausted, the application was dismissed.
OLATOntario Licence Appeal TribunalMar 19, 2020