Application for accident benefits beyond the Minor Injury Guideline limit dismissed for lack of evidence.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to medical and rehabilitation benefits beyond the $3,500 limit of the Minor Injury Guideline (MIG) due to psychological impairment, chronic shoulder pain, and a pre-existing heart condition (COPD).
The Tribunal found that the applicant's psychological symptoms were sequelae of his physical injuries rather than a free-standing impairment, and that he failed to establish chronic pain syndrome.
Furthermore, the applicant did not prove that his pre-existing COPD would prevent him from achieving maximal medical recovery under the MIG.
As the applicant did not address his claim for a non-earner benefit in his submissions, it was denied.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalMay 5, 2023
