Dale J. Stuckless

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

The respondent insurer denied several treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.

The applicant applied to the Licence Appeal Tribunal, arguing that pre-existing knee pain, chronic pain, and psychological injuries warranted removal from the MIG.

The Tribunal found no compelling evidence that the pre-existing condition precluded recovery, and preferred the respondent's medical assessors over the applicant's assessors regarding chronic pain and psychological injuries.

The Tribunal concluded the applicant sustained predominantly minor injuries, was subject to the MIG, and was not entitled to the disputed treatment plans as the funding limit was exhausted.

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

The respondent denied certain psychological treatment and assessment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant contended that pre-existing back pain and accident-related psychological impairments and chronic pain removed her from the MIG.

The Tribunal found insufficient medical evidence to support the applicant's claims, noting her family physician's records did not substantiate a pre-existing condition or a psychological diagnosis.

The Tribunal preferred the respondent's psychological expert over the applicant's, concluding the injuries were predominantly minor and the disputed treatment plans were not reasonable and necessary.

The application was dismissed.