Dilina Mohan

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

The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the limits were exhausted.

The Tribunal found that the applicant failed to prove his injuries fell outside the MIG, as he did not provide compelling medical evidence of a pre-existing condition or a psychological impairment.

However, the Tribunal found that the respondent failed to provide compliant notices under s. 38(8) of the Schedule for several of the denied treatment plans.

As a result, the respondent was ordered to pay for the treatment plans incurred after the 11th business day following their submission, up until compliant notices were issued, along with applicable interest.