Application for accident benefits dismissed; applicant failed to prove entitlement to removal from MIG or NEB.
The applicant sought accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on chronic pain and psychological impairment, relying on an orthopedic assessment.
The Tribunal found the applicant did not meet the burden of proof, assigning more weight to the insurer's examinations which found normal physical limits and no functional impairment.
The Tribunal also dismissed the claim for a non-earner benefit, finding the applicant returned to school and managed job responsibilities, failing to demonstrate a complete inability to carry on a normal life.
The application was dismissed.
OLATOntario Licence Appeal TribunalDec 15, 2025
