Applicant's injuries found to be within the Minor Injury Guideline; deficient notice makes treatment plan payable.
The applicant sought statutory accident benefits following a rear-end motor vehicle accident.
The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant contended he suffered from chronic pain and psychological impairments that removed him from the MIG.
The Tribunal found the applicant's injuries were predominantly minor, preferring the respondent's medical assessments over the applicant's self-reported chronic pain diagnosis.
The Tribunal approved a physiotherapy treatment plan up to the MIG limit.
It also found the respondent's notice denying a chronic pain program was deficient under s. 38(8) of the Schedule, making the plan payable if incurred until proper notice is provided.
Claims for a chronic pain assessment, interest, and a special award were dismissed.
OLATOntario Licence Appeal TribunalFeb 5, 2021
