Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB test unmet.
The applicant sought medical benefits and Income Replacement Benefits (IRBs) following a motor vehicle accident.
The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that he did not meet the test for IRBs.
The Tribunal found that the applicant suffered predominantly minor physical injuries and failed to prove a chronic pain condition or psychological impairment that would warrant removal from the MIG.
As the MIG limit was exhausted, the treatment plans were not payable.
The Tribunal also dismissed the claim for IRBs, finding insufficient objective evidence that the applicant suffered a substantial inability to perform the essential tasks of his employment.
OLATOntario Licence Appeal TribunalMay 9, 2023