Application for accident benefits dismissed; injuries found to be minor and IRB entitlement not proven.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG) and its denial of income replacement benefits (IRB) and a chiropractic treatment plan.
The Tribunal found that the applicant's injuries were predominantly minor, as she failed to prove ongoing functional impairment due to pain, and that she did not meet the test for an IRB because she did not demonstrate a substantial inability to perform the essential tasks of her pre-accident employment.
The Tribunal relied on surveillance evidence showing the applicant performing physical tasks and accepted the respondent's independent medical assessment.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalAug 24, 2023