Dr. Babaloui

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

The insurer denied treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant suffered from accident-related psychological impairments, including PTSD and depression, which removed her from the MIG.

The Tribunal ordered the insurer to pay for the disputed physiotherapy services and a psychological assessment, finding them reasonable and necessary.

The applicant was also awarded interest on overdue payments.

However, the Tribunal dismissed the applicant's claims for a special award under s. 10 of Regulation 664 and for costs, finding the insurer's conduct did not meet the high threshold of bad faith or unreasonableness.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain, fibromyalgia, depression, and PTSD.

The Tribunal found the applicant's injuries were predominantly minor, noting a lack of objective medical evidence and rejecting expert opinions that were outside their scope of expertise or unsupported by evidence.

The Tribunal also found no compelling evidence of a pre-existing condition that would prevent maximal recovery under the MIG.

Consequently, the applicant was subject to the $3,500 MIG limit and was not entitled to the disputed costs of examinations or interest.