Accident benefits claim dismissed; applicant failed to prove pre-existing condition or psychological impairment to escape MIG.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG), subjecting her to a $3,500 treatment limit.
The applicant argued she should be exempted from the MIG due to pre-existing conditions and a psychological impairment.
The Tribunal found that the applicant failed to provide compelling evidence of a pre-existing condition that would prevent maximal medical recovery within the MIG.
Furthermore, the Tribunal rejected the claim of psychological impairment due to unexplained discrepancies in the applicant's self-reporting to different medical experts.
The Tribunal concluded the injuries were predominantly minor, the $3,500 cap applied, and no further benefits or interest were payable.
OLATOntario Licence Appeal TribunalFeb 7, 2019
