Application for accident benefits dismissed; applicant failed to prove entitlement to removal from MIG or non-earner benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on pre-existing spinal osteoarthritis and accident-related psychological impairments.
The Tribunal found insufficient evidence to establish that the mild osteoarthritis was a pre-existing condition or that it precluded recovery within the MIG.
The Tribunal also found the psychological complaints were self-reported and unsupported by a psychological assessment.
Furthermore, the Tribunal dismissed the claim for non-earner benefits, relying on multidisciplinary insurer's examinations to conclude the applicant did not suffer a complete inability to carry on a normal life.
The application was dismissed.
OLATOntario Licence Appeal TribunalJun 10, 2026
