Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought various medical and assessment benefits following a motor vehicle accident, arguing her chronic pain and psychological impairments warranted removal from the Minor Injury Guideline (MIG).
The Tribunal preferred the evidence of the respondent's assessors, finding the applicant's injuries were predominantly minor and did not cause sufficient functional impairment to justify removal from the MIG.
The Tribunal noted the applicant's experts failed to account for subsequent motor vehicle accidents and relied heavily on self-reporting without objective testing.
As the applicant's injuries fell within the MIG and the $3,500 limit had been exhausted, the disputed treatment plans were not payable.
Claims for an award and interest were also dismissed.
OLATOntario Licence Appeal TribunalJul 12, 2021
