Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on psychological impairments and chronic pain.
The Tribunal found the applicant failed to provide compelling evidence of a psychological impairment or chronic pain syndrome that would warrant removal from the MIG, preferring the evidence of the respondent's experts and the applicant's family doctor.
As the applicant remained subject to the MIG limit, the disputed treatment plans were not payable.
The claims for interest and an award were also dismissed.
OLATOntario Licence Appeal TribunalFeb 20, 2024
