Application for accident benefits dismissed; injuries remained within the MIG and post-accident income negated IRB entitlement.
The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB) and various treatment plans outside the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal dismissed the application.
The Tribunal found the applicant was not entitled to an IRB because his post-accident short-term disability income fully negated the benefit quantum under s. 7(3)(a) of the Schedule.
Furthermore, the Tribunal held the applicant's injuries remained within the MIG, rejecting claims of psychological impairment and chronic pain due to evidence of malingering, lack of contemporaneous clinical reporting, and treating physician records indicating full functional capacity.
As the MIG limits were exhausted, the disputed treatment plans were denied.
OLATOntario Licence Appeal TribunalNov 7, 2024
