Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant sustained only soft tissue injuries and failed to prove that a pre-existing knee condition or psychological impairments warranted removal from the MIG.
As the disputed treatment plans exceeded the MIG limit, they were not payable.
The application was dismissed, and the respondent's request for costs was denied as the claim was not frivolous.
OLATOntario Licence Appeal TribunalAug 3, 2023
