Dr. Sirota

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent insurer denied a treatment plan for psychological services on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that while the applicant's physical injuries initially met the definition of a minor injury, she subsequently developed chronic pain and psychological impairments, including adjustment disorder and somatic symptom disorder, which warranted removal from the MIG.

The Tribunal concluded that the proposed psychological services were reasonable and necessary to address her chronic pain and emotional issues, approving the treatment plan at a reduced rate.

The applicant requested a reconsideration of a previous Licence Appeal Tribunal decision that found her injuries were predominantly minor and denied her claims for income replacement benefits and medical benefits.

The applicant argued the Tribunal breached procedural fairness and made errors of law by misapprehending psychological evidence and applying the wrong test.

The Adjudicator dismissed the request, finding no breach of procedural fairness and no error of law, as the original decision properly weighed the lack of objective medical evidence from the applicant's family doctor against the reports of assessing practitioners.