Applicant removed from Minor Injury Guideline due to chronic pain; treatment plans approved but income replacement benefits denied.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant suffered from chronic pain that caused significant functional impairment, thereby removing her from the MIG.
The Tribunal ordered the insurer to pay for disputed occupational therapy and chiropractic treatment plans, finding them reasonable and necessary.
However, the Tribunal dismissed the applicant's claim for ongoing income replacement benefits, concluding she failed to prove a substantial inability to perform the essential tasks of her pre-accident employment.
OLATOntario Licence Appeal TribunalDec 11, 2018
