Accident benefits claim dismissed; injuries found to be within the Minor Injury Guideline limit.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans and assessments, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed to have suffered a finger fracture and psychological impairments that warranted removal from the MIG.
The Tribunal found insufficient evidence that the finger fracture was caused by the accident and preferred the respondent's psychological assessment, which found no clinically significant psychological impairment.
The Tribunal concluded the applicant's injuries were predominantly minor and subject to the $3,500 MIG limit.
The disputed treatment plans for physiotherapy, psychological assessment, and orthopaedic assessment were denied as the applicant failed to prove they were reasonable and necessary.
OLATOntario Licence Appeal TribunalMay 29, 2024