Dr. Allen Greenspoon

The applicants, a mother and minor child, sought statutory accident benefits following a motor vehicle accident.

The respondent insurer denied certain treatment plans on the basis that the applicants' injuries fell within the Minor Injury Guideline (MIG).

The applicants argued they should be excluded from the MIG due to pre-existing conditions (prior accident injuries, scoliosis), psychological impairments, and chronic pain syndrome.

The Tribunal found that the applicants failed to provide compelling medical evidence that their pre-existing conditions prevented maximal recovery within the MIG, or that their psychological issues and chronic pain were caused by the subject accident and warranted removal from the MIG.

The Tribunal concluded that the injuries were predominantly minor, no benefits were payable, and denied the claims for interest, a special award, and costs.

The applicant sought weekly caregiver benefits following a 2010 motor vehicle accident.

The insurer terminated benefits in September 2012.

The arbitrator found the applicant's evidence lacked credibility, noting numerous inconsistencies regarding her injuries, substance abuse, and the fact that her children had been removed from her care by Family and Children's Services in 2011 for reasons unrelated to the accident.

The arbitrator preferred the evidence of the insurer's assessors and concluded the applicant was not the primary caregiver at the time of the accident, did not suffer a complete inability to carry on a normal life, and did not incur the claimed caregiving expenses.

The application was dismissed.