Dr. Bhavin Patel

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

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG on the basis of chronic pain with functional impairment.

The Tribunal found that the applicant failed to meet the evidentiary burden to prove chronic pain, noting significant gaps in reports of pain, lack of functional limitation, and failure to meet the AMA Guides criteria.

As the applicant's injuries were predominantly minor and the $3,500 MIG limit was exhausted, the claims for additional treatment plans, interest, and a section 10 award were dismissed.

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

The insurer denied treatment plans for neurological and chronic pain assessments, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant filed her appeal beyond the two-year limitation period, but the Tribunal granted an extension under s. 7 of the LAT Act.

While the Tribunal found the applicant's injuries did not warrant removal from the MIG, it held that the insurer's denial notices failed to provide sufficient medical reasons as required by s. 38(8) of the Schedule.

Consequently, under s. 38(11), the insurer was ordered to pay for the disputed assessments with interest.