Application for accident benefits dismissed as applicant failed to prove entitlement beyond the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied several treatment plans for physiotherapy, psychological services, and a chronic pain assessment, arguing the applicant's physical injuries fell within the Minor Injury Guideline (MIG) and the psychological treatment plans were excessive.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove that his pre-existing conditions or accident-related physical injuries precluded maximal recovery within the MIG.
The Tribunal preferred the insurer's expert evidence, which found no objective physical impairments and concluded the proposed psychological treatments and chronic pain assessment were not reasonable and necessary.
OLATOntario Licence Appeal TribunalMay 19, 2023
