Psychological benefits and driver assessment granted; physical therapy and orthopaedic assessments denied for lack of objective evidence.
The applicant was injured in a motor vehicle accident and sought medical benefits and cost of examinations under the Statutory Accident Benefits Schedule.
The insurer denied the claims, initially relying on the Minor Injury Guideline (MIG) limits, though it later conceded the applicant was removed from the MIG due to a psychological impairment.
The Tribunal found that the requested psychological services and driver reintegration assessment were reasonable and necessary, preferring the evidence of the applicant's psychologist over the contradictory reports of the insurer's expert.
However, the Tribunal dismissed the claims for physiotherapy, an orthopaedic assessment, and a functional abilities evaluation, finding insufficient objective evidence to support them and noting the applicant's own report that physical therapy was no longer helpful.
The claim for a special award under s. 10 of Regulation 664 was dismissed as the insurer's reliance on its experts' reports was not unreasonable.
OLATOntario Licence Appeal TribunalNov 26, 2020