Psychological impairment removes applicant from Minor Injury Guideline; non-earner benefit and physical treatments denied.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer denied several benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that while the applicant's physical injuries were minor, his psychological impairments, including an adjustment disorder and depression, removed him from the MIG.
The Tribunal granted the treatment plans for a psychological assessment and psychological services.
However, the claims for a non-earner benefit, physiotherapy, and chiropractic treatments were dismissed, as the applicant failed to prove a complete inability to carry on a normal life or that the physical treatments were reasonable and necessary.
OLATOntario Licence Appeal TribunalAug 23, 2023