Application for accident benefits dismissed; applicant failed to prove chronic pain warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain with a functional impairment.
The Licence Appeal Tribunal reviewed the medical evidence, including assessments from both the applicant and the insurer.
The Tribunal found the applicant's evidence of chronic pain uncompelling, preferring the insurer's assessments which indicated normal range of motion and minor sprain/strain injuries.
The Tribunal concluded the applicant did not suffer from chronic pain with a functional impairment, remained subject to the MIG, and was therefore not entitled to the disputed treatment plans or interest.
OLATOntario Licence Appeal TribunalAug 16, 2024