Accident benefits claim for psychological treatment dismissed as applicant's vehicular anxiety fell within the Minor Injury Guideline.
The applicant sought accident benefits for psychological assessments and treatments following a motor vehicle accident, arguing her vehicular anxiety and psychological impairments fell outside the Minor Injury Guideline (MIG).
The arbitrator found that the applicant failed to meet her burden of proof.
Relying on the evidence of the applicant's family physician and the insurer's independent medical examiners, the arbitrator concluded the applicant's physical injuries had largely resolved and her vehicular anxiety did not constitute a psychiatric condition severe enough to remove her from the MIG.
As the $3,500 MIG cap had already been reached, the disputed treatment plans were not payable.
The insurer was awarded its expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 24, 2017
