Applicant's injuries found to fall within the Minor Injury Guideline; claims for additional benefits dismissed.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries fell outside the Minor Injury Guideline (MIG) due to a pre-existing high blood pressure condition, psychological impairment, post-concussion syndrome, and chronic pain.
The respondent denied the claims, arguing the injuries were predominantly minor.
The Tribunal found that the applicant failed to provide compelling medical evidence that his pre-existing condition prevented maximal recovery or that he suffered from a non-minor psychological or physical impairment caused by the accident.
Consequently, the Tribunal held that the applicant's injuries fell within the MIG, limiting his entitlement to medical and rehabilitation benefits to $3,500, and dismissed his claims for attendant care benefits, various assessments, and an award for unreasonably delayed payments.
OLATOntario Licence Appeal TribunalJul 20, 2018
