Crystal Ka Wun Ng

The applicant sought accident benefits following a motor vehicle accident, claiming a psychological condition warranted removal from the Minor Injury Guideline (MIG).

The Tribunal found the applicant's evidence, including clinical notes and a social worker's assessment, insufficient to establish a psychological condition caused by the accident, noting the symptoms were more likely related to an unrelated chronic health condition.

As the applicant remained within the MIG and the limits were exhausted, the claim for a psychological assessment was denied, along with claims for interest and a special award.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to chiropractic and psychological treatment plans outside the Minor Injury Guideline (MIG).

The applicant argued that chronic pain and psychological injuries warranted removal from the MIG, and that the respondent's denial notices were non-compliant with section 38(8) of the Schedule.

The Tribunal found the denial notices were compliant and clearly explained the medical reasons for refusal.

Relying on the respondent's section 44 physiatry and psychology reports, the Tribunal concluded the applicant's injuries were predominantly minor.

The applicant's reliance on a social worker's pre-screening report was given little weight as diagnosing a psychological impairment was out of scope.

The application was dismissed, and claims for interest and a section 10 award were denied.

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

The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued she suffered from chronic pain and psychological injuries warranting removal from the MIG, and that the respondent's denial notices were non-compliant with section 38(8) of the Schedule.

The Tribunal found the applicant did not meet her evidentiary onus to prove her injuries warranted removal from the MIG, placing less weight on a social worker's report diagnosing a psychological impairment as it was out of scope.

The Tribunal also found the respondent's denial notices were compliant, as they clearly stated the medical reasons for denial.

The application was dismissed.