<Removal from the Minor Injury Guideline under the Schedules> 1. An insured person may be removed from the MIG if it can be established that accident-related injuries fall outside of the MIG or, under s. 18(2), that a documented pre-existing injury or condition combined with compelling medical evidence states that the condition precludes recovery if … Read More

<Consequences for defective notices under s. 38(11) of the Schedules> -The consequences of a defective notice are stated in s. 38(11). -Applying that section, the insurance company is prohibited from taking the position that the applicants’ impairments fall within the MIG, and obligates the insurer to pay for the treatment plans until it gives the … Read More

Missions for MVA client in Minor Injury Guideline of April 14, 2022

<Missions for MVA client in Minor Injury Guideline> It is a “Good Friday” holiday tomorrow, but our Legal Services chose to accommodate one of our new MVA clients and will consult him tomorrow. Missions: Taking his injuries out of Minor Injury Guideline, reviewing insurer doctor’s reports, arranging psych, chronic pain assessments.

The applicant’s evidentiary onus to take her out of Minor Injury Guideline

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 … Read More