Applicant's injuries remain in MIG, but one treatment plan payable due to defective denial notice.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The adjudicator found that the applicant failed to meet the burden of proving that his physical or psychological injuries warranted removal from the MIG.
However, the adjudicator ordered the insurer to pay for a $2,300.00 neurological assessment because the insurer's denial notice failed to comply with s. 38(8) of the Schedule, as it relied on an Insurer Examination that only addressed physical rehabilitation.
The remaining treatment plans were dismissed.
OLATOntario Licence Appeal TribunalDec 19, 2025