Applicant's injuries found to fall within the Minor Injury Guideline; claims for chronic pain treatment dismissed.
The applicant sought accident benefits following a motor vehicle accident, including a chronic pain assessment and chronic pain treatment.
The respondent insurer denied the treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 statutory limit.
The Licence Appeal Tribunal found that the applicant sustained predominantly minor soft tissue injuries, preferring the evidence of the insurer's orthopaedic surgeon and the applicant's own treating chiropractor over the applicant's chronic pain assessors.
As the injuries were deemed minor, the applicant was not entitled to the disputed treatment plans for chronic pain.
OLATOntario Licence Appeal TribunalJul 17, 2018