Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB test not met.
The applicant was injured in a motor vehicle accident and sought medical benefits and Income Replacement Benefits (IRB) beyond what the insurer approved.
The insurer capped medical benefits at $3,500 under the Minor Injury Guideline (MIG) and terminated IRB, arguing the applicant no longer suffered a substantial inability to perform her pre-accident employment.
The Tribunal found that the applicant's injuries were predominantly minor soft tissue injuries and that she failed to provide compelling evidence of a pre-existing condition or chronic pain syndrome that would warrant exceeding the MIG cap.
Furthermore, relying on the insurer's multidisciplinary assessments, the Tribunal concluded the applicant was capable of performing the essential tasks of her employment and dismissed the claim for IRB.
OLATOntario Licence Appeal TribunalSep 1, 2016
