Applicant removed from Minor Injury Guideline due to chronic pain; one of three physiotherapy plans approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied several physiotherapy treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's pre-existing back pain was exacerbated by the accident, resulting in chronic pain that caused functional impairment, thereby warranting removal from the MIG.
The Tribunal approved one physiotherapy treatment plan for $1,197.00 as reasonable and necessary, but denied two subsequent plans due to a lack of evidence justifying their necessity.
The applicant's request for a special award under s. 10 was dismissed as the insurer's conduct was not unreasonable.
OLATOntario Licence Appeal TribunalNov 25, 2020
