Applicant removed from Minor Injury Guideline due to psychological impairment and awarded disputed treatment plans.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant suffered from a psychological impairment and chronic pain that warranted removal from the MIG.
The Tribunal ordered the respondent to pay for the disputed psychological and chronic pain assessments and treatment plans, with interest.
However, the Tribunal declined to order an award under s. 10 of O. Reg. 664, finding the respondent's denials were not unreasonable as they relied on available medical evidence.
OLATOntario Licence Appeal TribunalJan 25, 2024