Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought accident benefits following a motor vehicle accident, arguing his injuries warranted removal from the Minor Injury Guideline (MIG) due to pre-existing conditions, chronic pain, and psychological impairments.
The Tribunal found that the applicant's pre-existing degenerative disc disease did not preclude his recovery within the MIG.
Furthermore, the applicant failed to meet the AMA criteria for chronic pain and lacked evidence of psychological complaints to treating professionals.
As the applicant remained within the MIG and the treatment limit was exhausted, the disputed treatment plans and interest were denied.
The respondent's request for costs was also dismissed.
OLATOntario Licence Appeal TribunalAug 27, 2024