The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to pre-existing conditions, chronic pain, and psychological impairments.
The Licence Appeal Tribunal found that the applicant failed to provide compelling medical evidence that her pre-existing ankylosing spondylitis and arthritis prevented her recovery within the MIG.
The Tribunal preferred the respondent's section 44 assessments, concluding the injuries were predominantly minor soft tissue sprains and strains.
The claims for a non-earner benefit and disputed treatment plans were dismissed, as the applicant did not demonstrate a complete inability to carry on a normal life and remained subject to the MIG limits.
