Applicant removed from MIG for anxiety but denied non-earner benefits due to pre-existing limitations.
The applicant sought statutory accident benefits following a motor vehicle accident.
The Tribunal found the applicant should be removed from the Minor Injury Guideline (MIG) due to an accident-related psychological impairment (anxiety).
The applicant was awarded one treatment plan for physiotherapy because the insurer failed to provide sufficient medical reasons for its denial under s. 38(8) of the Schedule.
However, claims for non-earner benefits, an occupational therapy assessment, and assistive devices were dismissed.
The Tribunal found the applicant did not suffer a complete inability to carry on a normal life, noting significant pre-existing limitations, and the occupational therapy expense was incurred before the treatment plan was submitted.
OLATOntario Licence Appeal TribunalJan 5, 2026
