Applicant's injuries fell within Minor Injury Guideline, but insurer's late notice triggered temporary payment obligation.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied treatment plans for a psychological assessment and psychological services, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued he suffered a psychological impairment removing him from the MIG and that the respondent failed to provide compliant notice under s. 38(8) of the Schedule.
The Tribunal found the applicant's injuries were predominately minor and he did not suffer a psychological impairment, preferring the respondent's psychological expert over the applicant's.
However, the Tribunal found the respondent was initially non-compliant with s. 38(8) notice requirements, entitling the applicant to payment for any expenses incurred during the non-compliance periods.
The treatment plans were otherwise found not reasonable or necessary, and the claim for an award under Regulation 664 was dismissed.
OLATOntario Licence Appeal TribunalMay 11, 2022
