The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing shoulder and back conditions, as well as chronic pain with functional impairment, warranted removal from the MIG.
The Licence Appeal Tribunal found that the applicant failed to provide compelling medical evidence that his pre-existing conditions precluded maximal recovery within the MIG.
Furthermore, relying on independent medical examinations, the Tribunal concluded there was insufficient evidence of chronic pain causing functional impairment.
As the applicant remained within the MIG, the disputed treatment plans were not assessed, and claims for an award and interest were dismissed.
The respondent's request for costs was also denied due to procedural non-compliance.