Applicant removed from Minor Injury Guideline due to psychological impairment; disputed treatment plans and interest awarded.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant sustained a psychological impairment and chronic pain that exceeded the MIG definition, relying on evidence from the applicant's treating practitioners and admissions from the respondent's own assessors.
The Tribunal ordered the respondent to pay for the disputed physiotherapy, psychological assessments, psychological services, and chronic pain assessment, along with interest.
However, the Tribunal declined to order a special award under s. 10 of Regulation 664, finding insufficient evidence that the insurer unreasonably withheld or delayed payments.
OLATOntario Licence Appeal TribunalFeb 6, 2025
