Application for statutory accident benefits dismissed; applicant failed to prove injuries warranted removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing that his injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.
The respondent denied the benefits, relying on medical assessments indicating the injuries were minor sprains and strains.
The Licence Appeal Tribunal found that the applicant failed to provide compelling medical evidence to substantiate his claims of chronic pain or a psychological condition.
The Tribunal preferred the respondent's expert evidence, which found the applicant's physical and psychological symptoms did not meet the threshold for MIG removal.
Consequently, the applicant remained subject to the $3,500 MIG limit, and his claims for additional treatment plans, interest, and a special award were dismissed.
OLATOntario Licence Appeal TribunalOct 7, 2024