Application for accident benefits dismissed; applicant failed to prove impairments warranted removal from Minor Injury Guideline.
The applicant sought accident benefits following a rear-end motor vehicle collision.
The respondent denied a treatment plan for physiotherapy, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit was exhausted.
The applicant argued she should be removed from the MIG due to accident-related chronic pain and psychological impairment.
The Tribunal found the applicant failed to prove causation, noting significant pre-accident medical history, including gender transition surgery that carried a risk of chronic pain, and pre-existing mental health issues.
The applicant's expert reports were given little weight because the assessors were unaware of her full medical history.
The application was dismissed.
OLATOntario Licence Appeal TribunalMar 6, 2023
