Dr. David Santone

The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries fell outside the Minor Injury Guideline (MIG) due to a pre-existing back condition and chronic pain.

The Tribunal found that the applicant's soft tissue injuries were predominantly minor and that he failed to demonstrate a functional impairment or that his pre-existing condition prevented maximal recovery within the MIG.

Consequently, the disputed treatment plans were not payable as the MIG limits were exhausted.

The Tribunal also held that the applicant was entitled to an income replacement benefit for a 12-week period, conditional on providing required financial documentation, but barred his ongoing claim due to his failure to submit an updated disability certificate as requested by the respondent.