1Felicia Rizza (the “applicant”) was involved in a motor vehicle accident on November 5, 2018 and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (including amendments effective June 1, 2016) (the “Schedule”). Aviva General Insurance (the “respondent”) denied certain benefits. The applicant submitted an application to the Licence Appeal Tribunal – Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

2The applicant submits that she suffers from physical and psychological injuries as a result of an accident that occurred when the vehicle in which she was traveling as a front-seat passenger was struck on the driver’s side by another vehicle. She primarily claims to have sustained a chronic pain condition that is not subject to the Minor Injury Guideline (“MIG”) and its $3,500 funding limit. She also claims entitlement to five treatment plans/OCF-18s outside of the MIG, four for physiotherapy treatment and one for a psychological assessment, along with interest on any overdue payment of benefits.

3Aviva argues that the applicant has not submitted enough medical evidence to demonstrate that she has sustained a chronic pain condition that warrants treatment outside of the MIG, and that the benefits in dispute have at any rate not been proven reasonable and necessary. It also holds that as no benefits are payable, interest is not applicable.

4In addition, the respondent claims that it has approved treatment to the full $3,500.00 MIG limit, but that the applicant has only utilized $2,466.32 in treatment. While the applicant does not comment on funding remaining within the MIG, she does not dispute this statement of the respondent. As a result, I accept Aviva’s position. While MIG funding has not been formally exhausted, the limitation has been functionally reached, and the treatment plans in dispute are outside of the MIG.

ISSUES IN DISPUTE

5The following issues are in dispute:

1. Are the applicant injuries predominantly minor as defined in s. 3 of the Schedule and therefore subject to treatment within the $3,500.00 limit of the MIG?
2. Is the applicant entitled to $988.07 ($2,052.89 less $1,064.82 approved) for physiotherapy services, recommended by Bramalea Physiotherapy and Wellness Centre in a treatment plan/OCF-18 dated December 4, 2018?
3. Is the applicant entitled to $2,192.54 for physiotherapy services, recommended by Bramalea Physiotherapy and Wellness Centre in a treatment plan/OCF-18 dated June 10, 2019?
4. Is