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 the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued her injuries fell outside the MIG due to a pre-existing condition, chronic pain syndrome, and psychological impairments.
The Tribunal found insufficient compelling medical evidence to establish a pre-existing condition or chronic pain syndrome.
Applying the "but for" test for causation, the Tribunal concluded the applicant's psychological impairments were related to social, work, and family stressors rather than the accident.
The application was dismissed.
OLATOntario Licence Appeal TribunalApr 8, 2019
