Applicant removed from Minor Injury Guideline due to pre-existing conditions; non-earner and medical benefits awarded.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to non-earner benefits and medical benefits for physiotherapy and acupuncture.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) based on an insurer's examination.
The Tribunal found that the applicant suffered from pre-existing psychological impairments and chronic pain that were worsened by the accident, removing her from the MIG.
The Tribunal preferred the evidence of the applicant's experts and her own sworn affidavit over the insurer's assessor, who had not been provided with the applicant's complete medical history.
The Tribunal awarded the non-earner benefits and the physiotherapy treatment plans as reasonable and necessary, but denied the acupuncture claim because it was not properly submitted via an OCF-18.
OLATOntario Licence Appeal TribunalOct 8, 2019
