Applicant removed from Minor Injury Guideline for psychological impairments but denied income replacement benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs), removal from the Minor Injury Guideline (MIG), and funding for psychological and physiotherapy treatment plans.
The Licence Appeal Tribunal found that the applicant failed to prove a substantial inability to perform the essential tasks of her pre-accident employment as a nail specialist, dismissing the IRB claim.
However, based on psychological assessments diagnosing adjustment disorder and anxiety, the Tribunal determined the applicant's injuries fell outside the MIG.
Consequently, the Tribunal approved the $2,200 psychological assessment but denied the $4,115.12 physiotherapy plan, preferring the respondent's physiatrist evidence that further physical treatment was unwarranted.
OLATOntario Licence Appeal TribunalJan 9, 2023
