Dr. Chris Cooper

The applicant sought medical and rehabilitation benefits following a motor vehicle accident, arguing that chronic pain and psychological impairments warranted removal from the Minor Injury Guideline (MIG).

The adjudicator found that the applicant failed to prove on a balance of probabilities that his injuries fell outside the MIG.

The medical evidence indicated large gaps in treatment and an intervening fall that caused significant injuries, breaking the causal link to the accident.

Furthermore, the adjudicator preferred the respondent's psychological assessment, which found no accident-related psychological disorder.

As the applicant remained within the MIG, the disputed treatment plans and claim for interest were dismissed.

The applicant, who has pre-existing cerebral palsy, sought various statutory accident benefits following a motor vehicle accident, including $6,000 per month for attendant care, $1,000,000 for home modifications, and multiple treatment plans.

The Tribunal found the applicant's self-report to be unreliable and preferred the evidence of the respondent's assessors, concluding that the accident caused only soft tissue injuries and an adjustment disorder, not the severe physical and cognitive decline claimed.

The Tribunal denied the claims for attendant care, home modifications, and most treatment plans, but approved psychological treatment and aquatherapy as reasonable and necessary.

Claims for interest on the approved plans were granted, but the request for a special award was dismissed.