Application for accident benefits dismissed; applicant failed to prove chronic pain warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer determined her injuries fell within the Minor Injury Guideline (MIG) and denied a treatment plan for a chronic pain assessment.
The applicant argued she should be removed from the MIG due to chronic pain.
The Licence Appeal Tribunal applied the AMA Guides criteria and found the applicant failed to prove her pain adversely affected her well-being, noting she had returned to full-time work, resumed regular exercise, and did not use prescription pain medication.
The Tribunal concluded the injuries remained within the MIG and the proposed chronic pain assessment was not reasonable and necessary.
The application was dismissed.
OLATOntario Licence Appeal TribunalDec 4, 2020
