Applicant removed from Minor Injury Guideline due to chronic pain and driving phobia; most benefits granted.
The applicant was injured in a motor vehicle accident in November 2016 and sought statutory accident benefits from the respondent insurer.
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 suffered from chronic pain syndrome and a specific driving-related phobia caused by the 2016 accident, removing her from the MIG.
The Tribunal granted the applicant's claims for a physiotherapy treatment plan and a psychological assessment, finding them reasonable and necessary, but denied a claim for occupational therapy services.
The applicant was also awarded interest on overdue benefits.
OLATOntario Licence Appeal TribunalApr 6, 2020
