Reconsideration dismissed; late MRI evidence did not alter Minor Injury Guideline finding and procedural fairness was maintained.
The applicant sought reconsideration of a decision that found her motor vehicle accident injuries fell within the Minor Injury Guideline (MIG) and dismissed her claims for medical benefits.
She argued the adjudicator breached procedural fairness by ignoring late-filed MRI results, erred in law by not finding the insurer improperly denied a treatment plan, and erred in fact regarding chronic pain and psychological impairments.
The Tribunal dismissed the reconsideration request, finding no breach of procedural fairness as the applicant was given the opportunity to present the MRI evidence, which ultimately did not establish a pre-existing condition or link to the accident.
While the adjudicator acknowledged an error in failing to address the insurer's denial under s. 38 of the Schedule, she concluded the outcome would not have changed because the insurer's request for a s. 44 examination was reasonable given the lack of medical documentation.
The adjudicator's findings on chronic pain and psychological impairments were upheld as proper weighings of the evidence.
OLATOntario Licence Appeal TribunalAug 19, 2020
