Applicant's injuries held to minor injury guideline, but insurer ordered to pay one treatment plan due to late denial notice.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant sustained predominantly minor soft tissue injuries and rejected her claims of chronic pain and psychological impairments, preferring the insurer's psychiatric assessment over the applicant's expert reports.
However, the Tribunal ordered the insurer to pay $1,090.00 for one physiotherapy treatment plan because the insurer failed to provide notice of its refusal within the 10-day period required by section 38(8) of the Schedule.
The remaining claims for medical benefits and assessments were denied as the $3,500 MIG limit had been reached.
OLATOntario Licence Appeal TribunalOct 21, 2020
