Anna Mirski

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to chiropractic services and a psychological assessment outside the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG based on a pre-existing condition, psychological impairment, and chronic pain.

The Tribunal found insufficient evidence to support a pre-existing condition or accident-related psychological impairment, preferring the respondent's section 44 psychological assessment over the applicant's uncorroborated self-reports.

The Tribunal also concluded the applicant's pain did not constitute a severe, debilitating condition accompanied by functional impairment.

Consequently, the applicant remained subject to the MIG limits and was not entitled to the disputed treatment plans, an award for unreasonable delay, or interest.

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 applicant argued for removal from the MIG due to pre-existing scoliosis and chronic pain.

The Tribunal found that while the applicant had a documented pre-existing condition, there was no compelling medical evidence that it precluded his recovery within the MIG.

The Tribunal also found insufficient evidence of chronic pain with functional impairment.

As the applicant remained within the MIG, the disputed treatment plans were not considered, and the application was dismissed.