Accident benefits claims dismissed as applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant was involved in two separate motor vehicle accidents and sought statutory accident benefits, which the respondent insurer denied on the basis that the injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that his physical and psychological injuries, as well as pre-existing conditions, warranted removal from the MIG.
The Tribunal found that the applicant failed to provide persuasive medical evidence, such as diagnoses from qualified practitioners, to prove his injuries extended beyond the MIG definition.
The Tribunal preferred the evidence of the respondent's physiatrists, who concluded the injuries were soft tissue in nature and treatable within the MIG.
As the applicant had exhausted the MIG limits for both accidents, the claims for outstanding treatment plans and interest were dismissed.
OLATOntario Licence Appeal TribunalJan 17, 2023
