Applicant removed from Minor Injury Guideline due to head injury, but disputed treatment plans denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer determined her injuries fell within the Minor Injury Guideline (MIG) and denied funding for physiotherapy and occupational therapy beyond the $3,500 limit.
The Tribunal found that the applicant had sustained a head injury, removing her from the MIG.
However, the Tribunal dismissed the claims for the disputed treatment plans, finding the applicant failed to prove they were reasonable and necessary.
The claim for an award under Regulation 664 was also dismissed, as there was insufficient evidence of unreasonable delay or bad faith by the insurer.
OLATOntario Licence Appeal TribunalDec 17, 2020