Applicant's psychological injuries removed them from the Minor Injury Guideline, but ongoing income replacement benefits were denied.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.
The respondent denied ongoing income replacement benefits (IRBs) and took the position that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant was not entitled to IRBs beyond August 3, 2016, as medical evidence did not establish a substantial inability to perform the essential tasks of their pre-accident employment.
However, the Tribunal determined that the applicant suffered psychological injuries, including driver and passenger phobia and a depressive disorder, which removed them from the MIG.
Consequently, the disputed psychological assessment and the treatment plan for chiropractic, massage, and physiotherapy were deemed reasonable and necessary and were approved with interest.
OLATOntario Licence Appeal TribunalJan 14, 2019
