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

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

1. The applicant should discharge her evidentiary onus in establishing that she is entitled to treatment outside the Minor Injury Guideline.
2. 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.
3. 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.