Carol-Anne Wyseman

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The parties entered into a settlement agreement on June 5, 2017.

The respondent raised a preliminary issue that the applicant was precluded from claiming attendant care benefits and a medical benefit based on this settlement.

The Tribunal found that the settlement agreement regarding the attendant care benefits was based on a mutual mistake and was not binding, requiring the applicant to return the settlement funds before disputing the benefit.

However, the settlement of the medical benefit for treatment in China was found to be valid and binding, precluding the applicant from disputing its denial.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent insurer denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 cap.

The applicant argued she should be removed from the MIG due to a pre-existing condition and chronic pain.

The Tribunal found the applicant failed to provide compelling evidence that her pre-existing condition prevented maximal medical recovery within the MIG limit.

Furthermore, the Tribunal preferred the respondent's expert evidence and surveillance footage over the applicant's chronic pain assessment, concluding the applicant did not suffer from chronic pain.

The application was dismissed, and the applicant's injuries were deemed minor.

The applicant requested a reconsideration of a Case Conference Order that precluded the use of affidavit evidence in a written hearing concerning attendant care benefits.

The Associate Chair converted the reconsideration request into a motion to vary the order.

Finding that precluding affidavit evidence would bar the applicant from proving her case regarding the type, duration, and necessity of services provided, and noting no prejudice to the respondent who retains the right of cross-examination, the Associate Chair granted the motion to permit affidavit evidence.