Applicant subject to MIG, but defective denial notices render three chiropractic treatment plans payable.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the applicant failed to attend an insurer's examination.
The Tribunal found the applicant was not barred from proceeding because the respondent's notices of examination were defective.
On the substantive issues, the Tribunal held the applicant's injuries were predominantly minor and subject to the MIG limit.
The applicant was not entitled to a non-earner benefit.
However, three treatment plans for chiropractic services were payable because the respondent's denial notices failed to comply with s. 38(8) of the Schedule.
A claim for an award under s. 10 of Reg. 664 was dismissed.
OLATOntario Licence Appeal TribunalNov 24, 2025
