1The applicant, Janarathani Janaratharajan, was injured in an automobile accident on September 15, 2018 and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (Schedule)¹ from Aviva Insurance Canada, the respondent.

2The respondent denied the applicant’s claims for physiotherapy and for a psychological assessment because it had determined that all of the applicant’s injuries fit the definition of “minor injury” as prescribed by s. 3(1) of the Schedule and, therefore, fall within the Minor Injury Guideline (MIG).² As a result, the applicant submitted an application to the Licence Appeal Tribunal – Automobile Accident Benefits Service (Tribunal).

3A case conference was held on November 25, 2020 and the matter proceeded to a written hearing.

ISSUES IN DISPUTE

4The following issues are to be decided:

(i) Are the applicant’s injuries predominantly minor as defined in s. 3 of the Schedule and therefore subject to treatment within the $3,500.00 limit and in the MIG?

(ii) Is the applicant entitled to physiotherapy treatment, recommended by Doctor’s Rehab, as follows:

(a) $1,566.25, in a treatment plan (OCF-18) dated April 27, 2019; and

(b) $1,296.75, in an OCF-18 dated March 14, 2020?

(iii) Is the applicant entitled to $2,200.00 for a psychological assessment, recommended by Gozian Psychology Professional Corporation, in an OCF-18 dated October 22, 2019?

(iv) Is the applicant entitled to interest on any overdue payment of benefits?

PROCEDURAL ISSUE: Requests to Exclude Expert Reports

5The applicant requested that the December 30,