Applicant removed from Minor Injury Guideline due to chronic pain; chiropractic treatment plans approved.
The applicant was injured in a rear-end motor vehicle collision and sought statutory accident benefits for chiropractic treatment.
The insurer denied the treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
At arbitration, the applicant argued his injuries, including a concussion, psychological issues, and chronic pain, removed him from the MIG.
The arbitrator found insufficient evidence of a concussion or psychological impairment but accepted the orthopaedic surgeon's diagnosis of chronic pain, which was sufficient to remove the applicant from the MIG.
The disputed treatment plans were deemed reasonable and necessary.
The arbitrator declined to order a special award, finding the insurer's reliance on the initial MIG classification and an insurer's examination was not unreasonable.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 10, 2017