Applicant removed from Minor Injury Guideline due to psychological impairment; non-earner benefit and chiropractic treatment denied.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the respondent insurer.
The insurer denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she failed to comply with requests for medical records under s. 33 of the Schedule.
The Tribunal found that the applicant did not fail to comply with s. 33 requests, as she had provided all available records from her family doctor.
The Tribunal held that the applicant's injuries were not predominantly minor, accepting an uncontradicted psychological assessment diagnosing her with major depressive disorder and specific phobia.
However, the Tribunal denied the applicant's claim for a non-earner benefit due to a lack of evidence regarding her pre-accident activities.
A treatment plan for chiropractic care was also denied for lack of supporting medical evidence, while a psychological assessment was approved as reasonable and necessary.
OLATOntario Licence Appeal TribunalJan 9, 2023
