Beverly Neal

The applicant sought accident benefits following a motor vehicle accident, claiming his injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain, psychological, and neurological impairments.

The Licence Appeal Tribunal found the applicant failed to meet his burden of proof, preferring the evidence of the respondent's independent medical examiners and the applicant's own family physician over the applicant's chiropractor and nurse.

The Tribunal held the applicant remained within the MIG and was therefore not entitled to an attendant care benefit.

While one of the respondent's denial letters breached s. 38(8) of the Schedule, no payment was ordered as there was no evidence the services were incurred.

Claims for treatment plans, an award, and interest were dismissed.