Robert Spiegel

The applicant sought statutory accident benefits following a motor vehicle accident, arguing they should be removed from the Minor Injury Guideline (MIG) due to chronic pain.

The Tribunal found the applicant failed to meet the criteria for chronic pain under the AMA Guides, noting a lack of evidence of excessive dependence on healthcare providers, physical deconditioning, or withdrawal from social activities.

Relying on the respondent's section 44 physiatry assessment, the Tribunal concluded the applicant's injuries were predominantly minor.

As the MIG limits were exhausted, the disputed treatment plans and claim for interest were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident but was denied by the respondent insurer on the basis that the injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG due to chronic pain, relying on their family physician's clinical notes and records to meet the AMA Guides criteria.

The Tribunal found the medical evidence insufficient to establish excessive dependence on health care providers, use of prescription drugs beyond recommended duration, or failure to restore pre-injury function.

The Tribunal concluded the applicant's injuries were predominantly minor, dismissing the claims for chiropractic treatment plans and interest.