Accident benefits application dismissed; applicant failed to prove pre-existing conditions warranted removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied a treatment plan for physiotherapy on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued he should be removed from the MIG due to pre-existing conditions and chronic pain.
The Tribunal found that while the applicant had pre-existing conditions, they had largely resolved prior to the accident and did not prevent maximal recovery within the MIG.
The Tribunal also found insufficient evidence of chronic pain.
As the MIG limits were exhausted, the claim for further physiotherapy, along with claims for an award and interest, were dismissed.
OLATOntario Licence Appeal TribunalSep 15, 2022
