Applicant remains in MIG, but insurer ordered to pay certain incurred expenses due to defective denial notices.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to prove her injuries, including alleged psychological impairments, chronic pain, and radiculopathy, warranted removal from the MIG.
However, the Tribunal ordered the respondent to pay for certain incurred treatment expenses because the respondent failed to provide compliant denial notices under sections 38(8) and 38(9) of the Schedule.
The applicant's claim for an award for unreasonable delay was dismissed.
OLATOntario Licence Appeal TribunalDec 19, 2023
