Application for accident benefits dismissed; physical and psychological injuries fell within the Minor Injury Guideline.
The applicant, a minor, was injured in a rear-end motor vehicle collision and sought statutory accident benefits.
The respondent insurer denied a $3,117.50 physiotherapy treatment plan on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to ongoing lumbar pain and a psychological diagnosis of Adjustment Disorder.
The Tribunal found that the physical injuries were sprains and strains falling squarely within the MIG definition.
Furthermore, the Tribunal held that the applicant failed to provide sufficient evidence of a psychological impairment, noting that the provisional diagnosis lacked corroboration and the independent medical examination found her mood to be normal.
As the $3,500 MIG limit was exhausted, the application was dismissed.
OLATOntario Licence Appeal TribunalJun 10, 2020
