Accident benefits denied as injuries fell within Minor Injury Guideline; costs awarded for unreasonable behaviour.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and its $3,500 funding limit.
The Licence Appeal Tribunal found that the applicant's psychological complaints and spondylolysis did not warrant removal from the MIG, preferring the respondent's insurer examination reports over the applicant's psychological assessment.
The Tribunal dismissed the claims for additional medical benefits and interest.
Furthermore, the Tribunal awarded $200 in costs to the respondent due to the applicant's unreasonable behaviour, including late filings, adding unpleaded issues, and falsely certifying service of materials.
OLATOntario Licence Appeal TribunalFeb 14, 2020
