Applicant removed from Minor Injury Guideline due to psychological impairments; non-earner benefit denied.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and medical benefits for physiotherapy and psychological services.
The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline.
The Licence Appeal Tribunal found the applicant was not entitled to a non-earner benefit as he failed to establish a complete inability to carry on a normal life.
However, the Tribunal determined the applicant's psychological impairments, including a diagnosis of post-traumatic stress disorder, exceeded the Minor Injury Guideline.
The Tribunal awarded funding for the disputed physiotherapy and psychological counselling services, but denied the request for a psychological assessment as duplicative.
OLATOntario Licence Appeal TribunalFeb 9, 2022
