Applicant's injuries remained within the Minor Injury Guideline as chronic pain and psychological injuries were not established.
The applicant sought statutory accident benefits following a motor vehicle accident.
The central issue was whether her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain, psychological injuries, or a pre-existing condition.
The Tribunal found that the applicant failed to meet her burden of proving her injuries warranted removal from the MIG.
Her evidence regarding chronic pain did not meet the AMA Guides criteria, her psychological symptoms were not formally diagnosed, and there was insufficient evidence that her pre-existing shoulder tear prevented maximal recovery within the MIG limits.
As the MIG limits were exhausted, no further benefits, interest, or awards were payable.
OLATOntario Licence Appeal TribunalApr 11, 2022
