Non-earner benefit denied; medical benefits and assessment costs partially granted for chronic pain and psychological impairments.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a non-earner benefit, medical benefits, and assessment costs.
The insurer initially denied the claims on the basis of the Minor Injury Guideline but later conceded the injuries were non-minor.
The Tribunal found the applicant was not entitled to a non-earner benefit because she continued to engage in substantially all of her pre-accident activities, despite some limitations.
However, the Tribunal ordered the insurer to pay for occupational therapy, physiotherapy, and the costs of psychological, occupational therapy, and chronic pain assessments, finding them reasonable and necessary.
Claims for a special award and costs were dismissed.
OLATOntario Licence Appeal TribunalMay 12, 2023
