Dr. Dragica Fink

The applicant sought statutory accident benefits following a motor vehicle accident, claiming her pre-existing chronic mechanical low back pain warranted removal from the Minor Injury Guideline (MIG) and that she was entitled to a non-earner benefit (NEB).

The Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing condition precluded maximal recovery within the MIG.

Furthermore, the Tribunal held the applicant did not suffer a complete inability to carry on a normal life, relying on functional assessments showing she retained significant independence and mobility.

The application was dismissed, and the applicant remained subject to the MIG limits.