Dr. Sharleen MacDowall

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that found she remained within the Minor Injury Guideline (MIG) and denied her claims for psychological services and assessments.

The applicant argued the adjudicator erred in framing the issues, interpreting the Statutory Accident Benefits Schedule, and weighing the evidence, particularly an independent medical examination report.

The Vice-Chair dismissed the reconsideration request, finding that while the adjudicator erred in considering the applicant's lack of objection to a non-compliant Notice of Examination, this error would not have likely changed the outcome given the weakness of the applicant's own medical evidence.

The respondent's request for costs was also denied.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming she sustained a psychological impairment warranting removal from the Minor Injury Guideline (MIG).

The respondent denied the treatment plans for a psychological assessment and psychological services.

The Tribunal found that the applicant failed to provide objective medical evidence to corroborate her self-reported psychological symptoms, assigning little weight to her psychological associate's report and preferring the respondent's s. 44 psychological assessment.

The Tribunal concluded the applicant's injuries were predominantly minor and subject to the $3,500 MIG limit.

The Tribunal also found the respondent's denial notices complied with s. 38(8) of the Schedule, dismissing the claims for the treatment plans, interest, and an award.