The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG) and seeking payment for a psychological assessment.
The Licence Appeal Tribunal found that the applicant failed to prove his psychological and physical injuries were not predominantly minor, as the psychological assessment relied upon was subjective and inconsistent with objective test results.
Consequently, the applicant's benefits remained capped at $3,500 under the MIG.
However, the Tribunal found the psychological assessment was a reasonable and necessary expense, ordering the insurer to pay for it, with interest, provided there were remaining funds within the applicant's MIG limit.
