Applicant's injuries remain within MIG, but insurer must pay certain assessments due to non-compliant denial notices.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied various treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant failed to prove chronic pain or psychological impairments warranting removal from the MIG, citing inconsistent self-reporting to assessors.
However, the Tribunal ordered the insurer to pay for social work, general practitioner, and psychological assessments because the insurer's denial notices contained boilerplate language and failed to comply with the medical reasons requirement under s. 38(8) of the Schedule.
OLATOntario Licence Appeal TribunalOct 10, 2024