Applicant removed from Minor Injury Guideline due to chronic pain but denied specific treatment plans.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal allowed late-disclosed medical records into evidence, finding them highly relevant and of little prejudice to the respondent.
Based on evidence that the applicant received nerve block injections for ongoing back pain, the Tribunal concluded she suffered from a chronic pain condition and was not subject to the MIG.
However, the Tribunal dismissed the applicant's claims for specific chronic pain, psychological, and physiotherapy treatment plans, finding she failed to demonstrate they were reasonable and necessary.
Claims for an award and interest were also dismissed.
OLATOntario Licence Appeal TribunalDec 23, 2025
