Accident benefits denied as injuries fell within MIG; late surveillance evidence excluded with costs.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
Procedurally, the Tribunal excluded surveillance evidence submitted late by the respondent in breach of a prior order, awarding $300 in costs to the applicant.
Substantively, the Tribunal found that the applicant failed to provide compelling evidence of a pre-existing condition that would prevent maximal recovery within the MIG limits.
Consequently, the applicant's claims for medical and rehabilitation benefits beyond the $3,500 cap were dismissed.
OLATOntario Licence Appeal TribunalJan 26, 2018
