Applicant remains in Minor Injury Guideline; insurer complied with HCAI notice period for treatment plans.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to provide compelling evidence of a pre-existing condition that would prevent maximal recovery within the MIG limits.
The Tribunal also determined that the respondent complied with the 10-day notice period under section 38(8) of the Schedule, clarifying that the notice period commences when the Central Processing Agency receives the document in HCAI.
The applicant was awarded $87.19 for the completion of an OCF-3, but claims for the disputed treatment plans and an award for unreasonable delay were dismissed.
OLATOntario Licence Appeal TribunalJun 8, 2022
