Tribunal awards disputed medical benefits and examination costs, finding applicant's injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, including physiotherapy, assistive devices, and costs of examinations for driving anxiety, functional abilities, and chronic pain.
The respondent denied the benefits, relying on an orthopedic assessment that placed the applicant in the Minor Injury Guideline.
The Tribunal found that the preponderance of medical evidence, including the applicant's OHIP claims history and clinical notes, supported the reasonableness and necessity of the disputed treatment plans and assessments.
The Tribunal ordered the respondent to pay the claimed benefits and interest, but denied the applicant's claim for a special award, finding no evidence of unreasonable delay or withholding.
OLATOntario Licence Appeal TribunalAug 27, 2019
