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 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 she should be removed from the MIG due to pre-existing conditions, chronic pain, and psychological impairment.
The Tribunal found insufficient evidence of a documented pre-existing condition that would prevent maximal recovery.
Furthermore, the Tribunal preferred the respondent's multi-disciplinary independent medical examinations, which concluded the applicant's physical and psychological injuries were predominantly minor and did not cause significant functional impairment.
The application was dismissed.
OLATOntario Licence Appeal TribunalSep 16, 2020