Dr. D.J. McGonigal

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

The respondent denied several treatment plans for physiotherapy and a psychological assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the medical evidence, including the applicant's own orthopaedic assessment, established that the injuries were predominantly minor soft tissue injuries.

The applicant failed to provide compelling evidence of a pre-existing medical condition or psychological impairment that would remove him from the MIG.

Consequently, the disputed treatment plans were deemed not reasonable and necessary, and the application was dismissed.

The applicant was injured in a motor vehicle accident and claimed ongoing weekly income replacement benefits and medical expenses.

The insurer terminated benefits, arguing the applicant could return to his pre-accident employment as a bricklayer's assistant.

The arbitrator found that the applicant suffered from chronic right shoulder tendinitis caused by the accident, which prevented him from performing his pre-accident heavy labour duties.

Furthermore, the applicant's limited English language skills and lack of transferable skills rendered him continuously prevented from engaging in any suitable employment.

The arbitrator ordered the insurer to pay ongoing weekly income benefits at $600 per week and certain medical expenses.