Insurer ordered to pay treatment plan and barred from MIG defense due to late response.
The applicant was injured in a motor vehicle accident and submitted a treatment plan to the respondent insurer.
The respondent denied the plan, arguing it was unsigned and that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant submitted a valid treatment plan for $369.47.
Furthermore, the respondent failed to respond within the required 10 business days under section 38 of the Schedule.
As a result, the respondent was prohibited from taking the position that the applicant's impairment fell within the MIG and was ordered to pay the treatment plan costs along with accrued interest.
The applicant's claim for costs was dismissed.
OLATOntario Licence Appeal TribunalJan 17, 2017