Applicant removed from Minor Injury Guideline due to chronic pain syndrome; physiotherapy and attendant care assessment approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered from chronic pain syndrome, satisfying three of the six criteria under the AMA Guides, and was therefore removed from the MIG.
The Tribunal approved two physiotherapy treatment plans and partially approved an attendant care assessment, finding them reasonable and necessary.
However, claims for psychological treatment and assessments were dismissed due to a lack of corroborating evidence.
The applicant was awarded interest on the overdue benefits but denied an award under Regulation 664, as the insurer's conduct was not found to be unreasonable.
OLATOntario Licence Appeal TribunalJun 8, 2022
