Dr. Nancy Ho

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer placed the applicant in the Minor Injury Guideline (MIG).

After the applicant submitted psychological assessments indicating impairments outside the MIG, the respondent delayed arranging its own psychological assessment for 16 months.

Once the respondent's assessment confirmed the psychological impairments, the respondent removed the applicant from the MIG and approved the disputed treatment plans.

The applicant sought an award under s. 10 of Regulation 664 for unreasonable delay.

The Tribunal found the respondent acted stubbornly and inflexibly by failing to promptly respond to the medical evidence, and ordered an award of 30 per cent of the value of the delayed treatment plans ($3,457.43).