Applicant remains in Minor Injury Guideline; failed to prove chronic pain or pre-existing conditions precluded recovery.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant sought removal from the MIG based on a partial shoulder tear, pre-existing conditions, chronic pain syndrome, and psychological issues.
The Tribunal found that the applicant failed to provide compelling medical evidence to support removal from the MIG on any of these grounds.
The applicant's expert reports were given less weight due to non-compliance with procedural rules and lack of functional impairment evidence.
The Tribunal concluded the applicant remains within the MIG and is not entitled to the disputed treatment plans.
OLATOntario Licence Appeal TribunalSep 3, 2024
