Application for accident benefits dismissed; claims statute-barred and injuries fell within Minor Injury Guideline.
The applicant sought medical benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the monetary limit had been exhausted.
The Tribunal found that two of the applicant's claims for treatment plans were statute-barred under s. 56 of the Schedule because the appeal was filed after the two-year limitation period expired.
Another claim was barred because the applicant failed to attend a required s. 44 physiatry assessment without a reasonable explanation.
On the substantive issue, the Tribunal concluded that the applicant failed to prove his physical or psychological injuries fell outside the MIG, noting a lack of objective medical evidence and ongoing complaints.
The application was dismissed.
OLATOntario Licence Appeal TribunalApr 22, 2020
