Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied further treatment plans and attendant care benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline and the $3,500 funding limit had been exhausted.
The Tribunal found that the applicant's soft tissue injuries were properly classified as minor, preferring the respondent's orthopedic assessment over the brief clinical notes of the applicant's osteopath.
As the funding limit was exhausted and minor injuries do not qualify for attendant care, the application was dismissed.
OLATOntario Licence Appeal TribunalFeb 1, 2023