2 total
Applicant's injuries found to be predominantly minor; claims for benefits beyond MIG limit dismissed.
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 failed to prove on a balance of probabilities that he suffered from chronic pain or an accident-related psychological condition that would warrant removal from the MIG.
As the injuries were predominantly minor, the applicant remained subject to the $3,500 MIG limit.
Claims for additional treatment plans, interest, and a section 10 award were dismissed.
Application for post-104 week income replacement benefits dismissed as applicant failed to prove complete inability.
The applicant sought an income replacement benefit (IRB) of $79.00 per week beyond the 104-week mark following a motor vehicle accident.
The respondent insurer denied the benefit, arguing the applicant did not suffer a complete inability to engage in suitable employment.
The Tribunal reviewed medical and vocational evidence, finding the respondent's insurer examinations persuasive, particularly as they directly addressed the post-104 week test.
The applicant's medical evidence, while supporting her complaints of pain and psychological issues, failed to address whether she suffered a complete inability to work.
The Tribunal dismissed the application for IRBs, interest, and costs, noting the applicant failed to meet her evidentiary burden.
