Application for accident benefits dismissed; applicant failed to prove chronic pain or psychological condition warranting MIG removal.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits.
The respondent denied various treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant applied to the Licence Appeal Tribunal, arguing for removal from the MIG due to chronic pain and psychological impairments.
The Tribunal found that the applicant failed to meet the burden of proving chronic pain with a functional impairment under the AMA Guidelines, noting normal physical exams and lack of compelling evidence of functional decline.
The Tribunal also found insufficient evidence of a psychological condition, citing multiple assessments indicating symptom exaggeration and malingering.
The application was dismissed, and the applicant remained subject to the $3,500 MIG limit.
OLATOntario Licence Appeal TribunalAug 8, 2024
