Domenic Pelligrino

The applicant was involved in a motor vehicle accident and sought medical benefits from the respondent insurer.

The respondent argued that the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 limit.

The applicant contended that pre-existing conditions and psychological impairments removed her from the MIG.

The adjudicator found that the applicant failed to provide compelling medical evidence that her pre-existing back pain would prevent maximal recovery under the MIG.

Furthermore, there was insufficient evidence of psychological impairments outside the MIG.

The application was dismissed as the injuries were predominantly minor.

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

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

The Tribunal found that the applicant's physical injuries were predominantly minor and that he did not suffer from chronic pain syndrome that would remove him from the MIG.

The application for benefits was dismissed.