Applicant removed from Minor Injury Guideline due to chronic pain; psychological assessment granted but non-earner benefit denied.
The applicant was injured in a 2015 motor vehicle accident and sought statutory accident benefits.
The insurer denied medical benefits, placing her in the Minor Injury Guideline (MIG), and denied a non-earner benefit.
The Tribunal found that the accident exacerbated the applicant's pre-existing conditions and caused chronic pain, removing her from the MIG.
The Tribunal ordered the insurer to pay for a psychological assessment with interest, finding it reasonable and necessary.
However, the claims for an in-home attendant care assessment and a non-earner benefit were dismissed, as the applicant failed to prove a complete inability to carry on a normal life.
OLATOntario Licence Appeal TribunalAug 13, 2020