Applicant's chronic shoulder pain removes him from the Minor Injury Guideline; disputed treatment plans approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's chronic left shoulder pain and resulting functional limitations removed him from the MIG.
The Tribunal preferred the evidence of the applicant's physiatrist and treating physicians over the respondent's section 44 assessors.
The applicant was awarded all disputed treatment plans for chiropractic services and a physiatry assessment, plus interest on overdue payments.
OLATOntario Licence Appeal TribunalSep 18, 2023