2 total
Application for Non-Earner Benefits and medical treatment dismissed as injuries were minor.
The applicant was injured in a motor vehicle accident and sought a Non-Earner Benefit (NEB) and medical benefits for physical therapy and a chronic pain program.
The insurer denied the benefits, arguing the applicant did not suffer a complete inability to carry on a normal life and that his injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's pre-accident life was already significantly restricted by a pre-existing intestinal condition, and the accident did not continuously prevent him from engaging in substantially all of his pre-accident activities.
Furthermore, the Tribunal concluded that the applicant's physical and psychological injuries, including mild chronic pain, were predominantly minor and subject to the $3,500 limit.
The application was dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical injuries were uncomplicated soft tissue injuries and that he failed to provide sufficient medical evidence of a psychological impairment or pre-existing condition to warrant removal from the MIG.
As the MIG limits were exhausted, the disputed treatment plans were not payable, and claims for interest and a section 10 award were dismissed.
