A. Sekhar

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to medical and rehabilitation benefits beyond the $3,500 limit of the Minor Injury Guideline (MIG) due to psychological impairment, chronic shoulder pain, and a pre-existing heart condition (COPD).

The Tribunal found that the applicant's psychological symptoms were sequelae of his physical injuries rather than a free-standing impairment, and that he failed to establish chronic pain syndrome.

Furthermore, the applicant did not prove that his pre-existing COPD would prevent him from achieving maximal medical recovery under the MIG.

As the applicant did not address his claim for a non-earner benefit in his submissions, it was denied.

The application was dismissed in its entirety.

The applicant sought accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).

The applicant claimed entitlement to a $2,260.00 treatment plan for psychological services, arguing that pre-existing anxiety and chronic pain removed her from the MIG.

The Tribunal found that the applicant's physical injuries were soft-tissue in nature and that she failed to establish a nexus between her pre-existing anxiety or chronic pain and the accident.

As the $3,500.00 MIG limit was already exhausted, the treatment plan was not payable and the application was dismissed.