Dr. Elmpak

The applicant was injured in a motor vehicle accident and sought medical benefits for a psychological assessment and chiropractic treatments, arguing his injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain.

The Licence Appeal Tribunal found that the applicant failed to prove his injuries were outside the MIG, as there was no evidence of a pre-existing condition or that he met the criteria for chronic pain syndrome.

Relying on insurer's examinations, the Tribunal concluded the requested treatments were not reasonable and necessary.

The application was dismissed, and claims for interest and an award were denied.

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

The respondent insurer denied several treatment plans for chiropractic and massage services on the basis that the applicant's injuries fell within the Minor Injury Guidelines (MIG).

The applicant argued that chronic pain and pre-existing conditions removed her from the MIG.

The Tribunal found that the applicant failed to establish functional impairment from chronic pain, noting inconsistencies in her self-reported symptoms and a lack of supporting employment records.

Furthermore, the applicant's pre-existing conditions were not disclosed to assessors and did not prevent maximal recovery within the MIG.

The Tribunal concluded the injuries were minor, dismissing the claims for treatment plans and interest.