Tribunal removes applicant from Minor Injury Guideline due to neuropathy and reinstates Income Replacement Benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including medical benefits and Income Replacement Benefits (IRBs).
The insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG), and stopped IRBs based on insurer examinations.
The Licence Appeal Tribunal found that the applicant's median nerve neuropathy removed him from the MIG.
The Tribunal approved one treatment plan for physiotherapy and braces but denied others for lack of supporting evidence.
The Tribunal also ordered the reinstatement of IRBs up to the two-year anniversary of the accident, finding the applicant was substantially unable to perform his pre-accident employment as a warehouse worker and driver, and awarded interest on overdue payments.
OLATOntario Licence Appeal TribunalAug 12, 2019
