Ontario LAT Tribunal Rules on Psychological Assessment for Adjustment Disorder and Phobias

• The Ontario Licence Appeal Tribunal (LAT) ruled in Larocque v Belair Insurance Company Inc. that an injured party was entitled to a psychological assessment plan for her accident-related psychological impairment.
• The decision highlights the importance of considering psychological impairments in automobile accident cases and the need for accurate diagnoses and treatment plans.
• Lawyers advising clients in Ontario auto accident cases should be aware of the tribunal's ruling and consider seeking expert opinions on psychological assessments to ensure their clients receive the benefits they are entitled to.

The LAT ultimately found that the applicant was entitled to a psychological assessment plan for her accident-related psychological impairment, which justified removal from the Minor Injury Guideline (MIG) limits.

In a recent decision, Larocque v Belair Insurance Company Inc., the Ontario Licence Appeal Tribunal (LAT) ruled on an injured party's entitlement to psychological assessments for adjustment disorders and phobias. The applicant, who was involved in an automobile accident on January 13, 2023, claimed benefits under the Statutory Accident Benefits Schedule (SABS). However, the respondent insurer, Belair Insurance Company Inc., denied the requested benefits. The LAT ultimately found that the applicant was entitled to a psychological assessment plan for her accident-related psychological impairment, which justified removal from the Minor Injury Guideline (MIG) limits.

The decision highlights the importance of considering psychological impairments in automobile accident cases. The SABS sets out specific guidelines for determining entitlement to benefits, including those related to minor injuries. However, the LAT's ruling suggests that these guidelines may not always be sufficient to capture the full extent of an individual's psychological impairment. In this case, the applicant relied on a psychological report from Dr. Jacqueline Brunshaw, which diagnosed her with adjustment disorder with anxiety and specific phobia. The LAT found Dr. Brunshaw's diagnosis persuasive, despite some limitations in the report.

The LAT's decision has significant implications for lawyers advising clients in Ontario auto accident cases. The ruling suggests that psychological assessments may be necessary to determine entitlement to benefits under the SABS. This is particularly important given the complexities of diagnosing and treating psychological impairments. As a result, lawyers should be aware of the tribunal's ruling and consider seeking expert opinions on psychological assessments for their clients. By doing so, they can ensure that their clients receive the benefits they are entitled to under the law.

Lawyers advising clients in Ontario auto accident cases should be aware of the tribunal's ruling on the entitlement to psychological assessments for adjustment disorders and phobias, which may impact their clients' claims under the Statutory Accident Benefits Schedule.

Source: Original reporting via CanLII