Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain medical and rehabilitation benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG due to physical injuries, psychological impairments, pre-existing conditions, and chronic pain.
The Tribunal found that the applicant failed to meet her evidentiary burden to prove her injuries warranted removal from the MIG.
The Tribunal placed little weight on the psychological assessment and chiropractor's notes due to a lack of contemporaneous medical documentation and scope of practice issues.
The application was dismissed, and the disputed treatment plans, award, and interest were denied.
OLATOntario Licence Appeal TribunalOct 11, 2022
