The applicant was a pedestrian struck by a motor vehicle and sought statutory accident benefits.
The respondent insurer denied four treatment plans for chiropractic, massage, and physiotherapy, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) limit of $3,500.
The respondent also brought a preliminary motion to admit late medical reports, which the Tribunal denied due to non-compliance with a case conference order.
On the substantive issues, the Tribunal found that the applicant sustained a concussion and post-concussion syndrome, which are not defined as minor injuries under the Schedule, thereby removing her from the MIG.
The Tribunal preferred the emergency hospital records diagnosing a concussion over the respondent's insurer examinations conducted months later.
The Tribunal concluded that the four treatment plans totaling over $9,000 were reasonable and necessary to assist the applicant in recovering from her injuries, and awarded interest on the overdue benefits.
