Reconsideration request dismissed; no error of law or fact in Minor Injury Guideline determination.
The applicant requested a reconsideration of a Tribunal decision that found her injuries fell within the Minor Injury Guideline (MIG) and denied her treatment plans.
The applicant argued the Tribunal misinterpreted the medical evidence of her expert and erred by allowing the insurer to rely on a MIG position without conducting a section 44 examination.
The Tribunal dismissed the request, finding that section 44 examinations are not mandatory and that the original decision correctly weighed the medical evidence, including a CT scan that contradicted the applicant's expert regarding a suspected spinal fracture.
OLATOntario Licence Appeal TribunalMay 20, 2025