Aliya Salayeva

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that found his injuries fell within the Minor Injury Guideline (MIG) and denied his claim for ongoing Income Replacement Benefits (IRB).

The applicant argued the Tribunal breached procedural fairness, ignored new medical evidence, and erred in fact regarding the MIG and the IRB dispute period.

The adjudicator found no breach of procedural fairness and held that the new evidence could have been obtained prior to the hearing.

While the adjudicator agreed the Tribunal made a factual error regarding the dates in dispute for the IRB claim, upon reviewing the evidence for the corrected period (February 26, 2020 to April 23, 2023), the adjudicator concluded the applicant failed to prove a substantial inability to perform the essential tasks of his employment.

The reconsideration was allowed in part to correct the dates, but the claim for ongoing IRB was dismissed.

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits from the respondent insurer.

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

The applicant argued her injuries were outside the MIG due to physical injuries, psychological distress, and pre-existing conditions.

The Tribunal found the physical injuries met the definition of minor injuries and that the applicant failed to provide compelling evidence of a psychological impairment or a pre-existing condition that would prevent maximal recovery within the MIG limit.

The application for attendant care benefits, medical benefits, cost of examinations, an award, and interest was dismissed.