Applicant removed from Minor Injury Guideline due to psychological impairment; psychological assessment and partial psychotherapy awarded.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant suffered a psychological impairment that removed her from the MIG, relying on the credible evidence of her treating family physician and a psychological assessment over the respondent's insurer's examination.
The Tribunal awarded the cost of a psychological assessment and partially awarded the cost of psychotherapy treatment, deducting duplicative administrative costs.
Claims for a special award under s. 10 of O. Reg. 664 were dismissed, but interest on overdue benefits was granted.
OLATOntario Licence Appeal TribunalAug 25, 2023
