Applicant removed from Minor Injury Guideline due to chronic pain syndrome; pre-104 week IRBs granted.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant sustained a psychological injury and chronic pain syndrome, removing her from the MIG.
The Tribunal awarded medical benefits for a chronic pain program and one chiropractic/massage treatment plan, as well as the costs of psychological and orthopaedic assessments.
The applicant was also awarded pre-104 week income replacement benefits (IRBs) due to her inability to perform her heavy pre-accident work as a machine operator, but her claim for post-104 week IRBs was dismissed for lack of evidence regarding alternative suitable employment.
A claim for a special award for unreasonable delay was dismissed.
OLATOntario Licence Appeal TribunalSep 5, 2019
