Claim for psychological treatment benefits dismissed as applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a 2015 motor vehicle accident.
A previous Tribunal decision found the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant brought a new application claiming psychological impairments took him out of the MIG, relying on a catastrophic impairment rebuttal report from a psychiatrist.
The Tribunal assigned little weight to the applicant's psychiatric evidence due to inconsistencies with the doctor's own clinical notes and surveillance evidence showing the applicant functioning independently.
The respondent's assessors could not determine impairment levels due to the applicant's lack of credibility and cooperation.
The Tribunal concluded the applicant failed to prove his injuries fell outside the MIG, dismissing the claim for a $4,678.40 psychological treatment plan and interest.
OLATOntario Licence Appeal TribunalAug 22, 2018
