Applicant failed to prove injuries fell outside the Minor Injury Guideline; treatment plans denied.
The minor applicant sought statutory accident benefits following a motor vehicle accident.
The insurer held that her injuries fell within the Minor Injury Guideline (MIG) and denied treatment plans for a psychological pre-screen and assessment.
The Tribunal found that the applicant failed to prove on a balance of probabilities that her psychological impairments and headaches would not have occurred but for the accident.
The medical evidence showed a history of headaches pre-dating the accident and failed to establish a causal link between the accident and her symptoms.
The Tribunal concluded the applicant's injuries were predominantly minor and she remains subject to the $3,500 MIG limit, though she is entitled to any remaining funds within that limit.
OLATOntario Licence Appeal TribunalJul 18, 2024
