The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that their injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that the respondent failed to properly deny a treatment plan for a psychological assessment under s. 38(8) of the Schedule, and thus was precluded from relying on the MIG.
The Tribunal found the respondent's denial was compliant, as it clearly cited the MIG as the medical reason for refusal.
The applicant provided no medical evidence to support removal from the MIG or entitlement to the disputed plan.
The application was dismissed.