Julia Hou

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant sustained carpal tunnel syndrome as a result of the accident, which is not a predominantly minor injury, and removed him from the MIG.

The Tribunal granted entitlement to a $3,880.00 physiotherapy treatment plan and interest on overdue payments, but denied a $2,471.53 treatment plan due to lack of evidence.

The applicant's request for a special award under O. Reg. 664 was dismissed as the respondent's conduct was not found to be unreasonable.

The applicant sought statutory accident benefits following a motor vehicle accident.

The Tribunal found the applicant was entitled to the balance of a treatment plan for driver rehabilitation therapy because the insurer failed to provide sufficient medical reasons for its partial denial, triggering the consequences of section 38(11) of the Schedule.

However, the Tribunal dismissed the claims for chiropractic services and a psychological assessment, finding them not reasonable and necessary based on the medical evidence, including section 44 insurer examinations.

The claim for physiotherapy was also dismissed as the expenses were incurred before a treatment plan was submitted, contrary to section 38(2).