Application for accident benefits dismissed; applicant's injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied several treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.
The applicant argued that pre-existing conditions and accident-related psychological injuries removed her from the MIG.
The Tribunal found insufficient evidence that pre-existing conditions precluded maximal recovery within the MIG.
Furthermore, the Tribunal preferred the respondent's psychological assessment over the applicant's, concluding the applicant did not suffer a psychological injury.
The application was dismissed, and no award or interest was payable.
OLATOntario Licence Appeal TribunalJun 12, 2020
