Application for accident benefits dismissed; applicant's injuries remained within the Minor Injury Guideline limits.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her physical and psychological injuries warranted removal from the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical injuries, including a right shin contusion, fell within the minor injury definition, and her pre-existing osteoarthritis did not preclude recovery.
The Tribunal rejected the applicant's psychological assessment as unpersuasive, preferring the insurer's examination and family doctor records which showed no psychological complaints.
As the applicant remained within the MIG and the $3,500 limit was exhausted, all disputed treatment plans, interest, and an award were denied.
OLATOntario Licence Appeal TribunalJan 25, 2024