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Mateluna v. Scottish & York, 2022 ONLAT 20-001965/AABS

  • The applicant should discharge her evidentiary onus in establishing that she is entitled to treatment outside the Minor Injury Guideline.
  • If s.25 Psychological Report diagnoses the applicant with adjustment disorder and specific phobia, the report is supposed to be linked to any objective medical evidence provided by the applicant’s primary care physician.
  • If s.25 chronic pain assessment report lists numerous functional limitations due to MVA pain, they should be backed up by objective medical evidence – such as the one from the applicant’s primary care physician.