Applicant removed from Minor Injury Guideline due to psychological impairment; disputed treatment plans and interest awarded.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The adjudicator found that the applicant's psychological symptoms, documented by her family physician shortly after the accident, warranted removal from the MIG.
The adjudicator approved the disputed psychological assessment and chiropractic treatment plans, finding them reasonable and necessary based on contemporaneous medical records.
The adjudicator also rejected the respondent's argument that one of the treatment plans was time-barred, noting that the limitation period was suspended by COVID-19 regulations.
The applicant was awarded the disputed benefits with interest.
OLATOntario Licence Appeal TribunalAug 29, 2022