Applicant's injuries remain within the Minor Injury Guideline; disputed treatment plans approved up to MIG limit.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied treatment plans for psychological services and assessments, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant did not prove an accident-related psychological impairment or chronic pain syndrome with functional impairment that would warrant removal from the MIG, preferring the respondent's section 44 assessors over the applicant's assessors due to inconsistencies with contemporaneous clinical records.
However, pursuant to section 40(8) of the Schedule, the disputed benefits were deemed reasonable and necessary up to the remaining $3,500 MIG limit.
OLATOntario Licence Appeal TribunalJun 12, 2024