Applicant removed from Minor Injury Guideline due to chronic pain and awarded income replacement benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit (IRB) and funding for assessments.
The insurer denied the benefits, arguing the applicant suffered predominantly minor injuries.
The Licence Appeal Tribunal found that the applicant suffered from chronic pain causing functional impairment, removing her from the Minor Injury Guideline and entitling her to $65,000 in medical and rehabilitation benefits.
The Tribunal awarded the IRB and the cost of a chronic pain assessment, but denied funding for a psychological assessment and a special award for unreasonable delay.
OLATOntario Licence Appeal TribunalJun 27, 2023
