Applicant's chronic pain syndrome took her outside the Minor Injury Guideline, entitling her to medical and income replacement benefits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she did not meet the test for income replacement benefits (IRB).
The adjudicator found that the applicant's injuries, which included chronic pain syndrome and a partial rotator cuff tear, took her outside the MIG.
The adjudicator approved all but one of the disputed treatment plans, finding them reasonable and necessary to address her chronic pain and functional limitations.
The adjudicator also found the applicant was substantially unable to perform the essential tasks of her pre-accident employment as a packing finisher, entitling her to IRBs.
Interest was awarded on overdue payments, but a claim for a special award under Regulation 664 was denied.
OLATOntario Licence Appeal TribunalApr 7, 2020
