Application for accident benefits dismissed; applicant failed to prove entitlement to removal from Minor Injury Guideline.
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 a pre-existing right-leg fracture and an accident-related psychological impairment.
The Tribunal found that the applicant failed to provide compelling medical evidence that her pre-existing condition prevented maximal recovery within the MIG.
Furthermore, the Tribunal afforded little weight to the applicant's psychological assessment due to a lack of corroborating medical records and reliability issues.
As the applicant remained within the MIG, her claims for disputed treatment plans, interest, and an award were dismissed.
OLATOntario Licence Appeal TribunalSep 10, 2025
