Ashley Silvester

The applicant was struck by a vehicle while crossing the street and sought statutory accident benefits.

The insurer determined her injuries fell within the Minor Injury Guideline (MIG) and refused to fund several treatment plans.

The applicant argued that pre-existing conditions, psychological injuries, and chronic pain precluded her recovery within the MIG.

The Tribunal found no evidence that the accident exacerbated her pre-existing conditions or caused psychological injuries or chronic pain.

The Tribunal concluded the applicant sustained minor soft-tissue injuries, was subject to the $3,500 MIG limit, and dismissed the application as the funding limit had been exhausted.

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

The respondent insurer denied certain treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant contended that pre-existing chronic neck pain, psychological impairments, and accident-related chronic pain removed him from the MIG.

The Tribunal found that the applicant's physical injuries were soft tissue in nature and predominantly minor.

The Tribunal also rejected the psychological and chronic pain claims, noting inconsistencies in self-reporting, lack of objective medical evidence, and the applicant's continued high level of functioning, including working and attending the gym.

As the applicant failed to prove his injuries fell outside the MIG and the $3,500 limit was exhausted, the application was dismissed.