Application for accident benefits dismissed; injuries subject to MIG and no entitlement to non-earner benefits.
The applicant sought statutory accident benefits following a 2018 motor vehicle accident.
The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to establish that his chronic pain, psychological impairments, or pre-existing conditions warranted removal from the MIG, noting that his chronic back pain and functional limitations pre-dated the accident and were not exacerbated by it.
The Tribunal also dismissed the claim for non-earner benefits, finding the applicant did not suffer a complete inability to carry on a normal life as his pre-accident activities were already severely limited by a prior accident.
All claims for treatment plans, assessments, interest, and an award were dismissed.
OLATOntario Licence Appeal TribunalNov 24, 2023