Applicant's injuries deemed minor; treatment plans beyond the $3,500 Minor Injury Guideline limit denied.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed physical injuries including whiplash and soft tissue sprains, as well as psychological impairments such as an adjustment disorder.
The Licence Appeal Tribunal found that the applicant's physical injuries were captured by the minor injury definition and that he failed to provide compelling medical evidence of a pre-existing condition or a psychological impairment warranting removal from the MIG.
Consequently, the applicant was held to the $3,500 MIG limit and denied the disputed treatment plans beyond that cap, though he was awarded interest on any overdue payments within the limit.
OLATOntario Licence Appeal TribunalAug 15, 2024