Application for accident benefits dismissed; applicant failed to prove entitlement to MIG removal or non-earner benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to treatment plans outside the Minor Injury Guideline (MIG) and a non-earner benefit.
The applicant argued that her pre-existing chronic pain, anxiety, and depression, as well as post-accident chronic pain, warranted removal from the MIG.
The Tribunal found that the applicant failed to provide compelling medical evidence that her pre-existing conditions precluded maximal recovery within the MIG, and failed to prove she suffered from accident-related chronic pain.
The Tribunal also dismissed the claim for a non-earner benefit, finding the applicant did not demonstrate a complete inability to carry on a normal life, as her post-accident functional limitations were consistent with her pre-accident medical history.
The application was dismissed.
OLATOntario Licence Appeal TribunalApr 27, 2026