Claim for psychological assessment denied as applicant's injuries fell within the Minor Injury Guideline.
The applicant, a minor, sought payment for a psychological assessment following a motor vehicle accident.
The respondent insurer denied the claim on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been nearly exhausted.
The adjudicator found that the applicant failed to meet the burden of proving her injuries fell outside the MIG, as the medical evidence, including reports from her family physician and the respondent's assessors, indicated only minor injuries such as strains and contusions.
The claim for the psychological assessment was dismissed.
The respondent's request for costs was also denied, as there was no evidence the applicant acted frivolously or in bad faith.
OLATOntario Licence Appeal TribunalMar 21, 2017