Dr. B. Kucher

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

The respondent denied various treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The adjudicator found that the applicant's physical and psychological injuries were predominantly minor and that she failed to establish that pre-existing conditions or chronic pain warranted removal from the MIG.

As the $3,500 MIG limit had been exhausted, the disputed treatment plans were deemed not reasonable and necessary, and the application was dismissed.

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

The respondent denied several treatment plans and assessments, and the applicant applied to the Licence Appeal Tribunal for dispute resolution.

The Tribunal found that the applicant's claims for the treatment plans and assessments were statute-barred, as the application was filed more than two years after the respondent's clear and straightforward denials, and there were no reasonable grounds to extend the limitation period.

Furthermore, relying on the uncontradicted reports of the respondent's medical assessors, the Tribunal concluded that the applicant's injuries fell within the Minor Injury Guideline (MIG).

Because the applicant had already exhausted the $3,500 MIG limit, the claim for additional medication expenses was dismissed.