Aasta Jain

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, which the respondent insurer denied on the basis that the injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal, arguing for removal from the MIG due to a pre-existing condition, chronic pain, and a psychological impairment.

The Tribunal found that the applicant failed to provide sufficient evidence of a pre-existing condition preventing recovery, and preferred the insurer's medical examinations over the applicant's self-reports and expert evidence regarding chronic pain and psychological impairments.

Consequently, the Tribunal held that the applicant's injuries were predominantly minor, and dismissed the claims for four treatment plans and interest, as the plans exceeded the MIG limit and were not proven reasonable and necessary.