Application for accident benefits dismissed; applicant failed to prove chronic pain warranted removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a chronic pain assessment and removal from the Minor Injury Guideline (MIG).
The respondent denied the benefits, arguing the applicant's injuries were predominantly minor and the MIG limit had been exhausted.
The Tribunal found that the applicant failed to establish that her accident-related soft tissue injuries caused functional impairment or met the criteria for chronic pain syndrome under the AMA Guides.
The Tribunal concluded the injuries were predominantly minor, dismissed the claim for the chronic pain assessment, and denied claims for an award and interest.
OLATOntario Licence Appeal TribunalJun 11, 2024