Applicant removed from Minor Injury Guideline due to accident-exacerbated psychological impairments; psychotherapy treatment plan approved.
The applicant was injured in a motor vehicle accident and sought funding for psychological treatment.
The respondent denied the claim, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) limit.
The Tribunal found that the applicant suffered from psychological impairments, including PTSD and depression, which were exacerbated by the accident, justifying his removal from the MIG.
The Tribunal preferred the evidence of the applicant's psychologist over the respondent's expert, who had alleged malingering.
The treatment plan for psychotherapy was deemed reasonable and necessary, and the applicant was awarded the claimed medical benefit with interest.
OLATOntario Licence Appeal TribunalJul 20, 2021
