Applicant removed from Minor Injury Guideline due to chronic pain; partial Income Replacement Benefits awarded.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied certain medical benefits and income replacement benefits (IRBs) on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant's ongoing chronic pain warranted removal from the MIG, entitling her to funding for physiotherapy, a physiatry assessment, an occupational therapy assessment, and a chronic pain assessment.
The Tribunal also awarded IRBs for the first 104 weeks post-accident, finding the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as a cleaner.
However, the Tribunal denied IRBs beyond 104 weeks, as the applicant failed to prove a complete inability to engage in any suitable employment.
Claims for a psychological assessment and a special award for unreasonable delay were also dismissed.
OLATOntario Licence Appeal TribunalFeb 17, 2022
