Applicant's psychological impairments removed him from the Minor Injury Guideline; disputed treatment plans and interest awarded.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer denied claims for psychological and physical treatment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant suffered from accident-related psychological impairments, including major depressive disorder and PTSD, which removed him from the MIG.
The Tribunal preferred the evidence of the applicant's psychologists over the respondent's assessor, noting the respondent's assessor's conclusions contradicted his own test results.
The Tribunal ordered the respondent to pay for the disputed psychological assessments and chiropractic services, along with interest on overdue payments.
OLATOntario Licence Appeal TribunalDec 20, 2021