Applicant removed from Minor Injury Guideline due to chronic pain; insurer liable for treatment plans.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that while the applicant's soft tissue injuries were minor, she suffered from a chronic pain condition that removed her from the MIG.
The Tribunal also held the insurer liable to pay for four disputed treatment plans because it failed to provide proper notice under s. 38(8) of the Schedule.
However, the applicant's claims for non-earner benefits and visitor expenses were dismissed for lack of evidence.
OLATOntario Licence Appeal TribunalJul 12, 2019
