Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant sought removal from the MIG based on psychological impairments and chronic pain.
The Tribunal found insufficient evidence of psychological impairment or functional limitations caused by chronic pain to warrant removal from the MIG, preferring the respondent's medical evidence which was corroborated by the applicant's treating physician's records.
As the applicant's injuries were predominantly minor and the MIG limit was exhausted, the disputed treatment plans and assessments were denied.
OLATOntario Licence Appeal TribunalOct 31, 2023
