Application for accident benefits dismissed as injuries were predominantly minor and subject to the MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries warranted removal from the Minor Injury Guideline (MIG) due to radiculopathy, psychological impairments, chronic pain, and pre-existing conditions.
The Licence Appeal Tribunal found the applicant's injuries were predominantly minor and subject to the $3,500 MIG limit.
The Tribunal preferred the respondent's s. 44 assessors' evidence over the applicant's experts, noting a lack of objective medical evidence supporting radiculopathy, psychological impairment, or chronic pain.
As the disputed treatment plans proposed treatment outside the MIG, the application was dismissed.
Nicholas Boney v. Co-operators General Insurance Company, 2023 CanLII 96316
