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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain, psychological impairments, and pre-existing conditions including diabetes.
The Tribunal found that the applicant's ongoing complaints were consistent with pre-existing issues from a prior accident and that he did not meet the criteria for chronic pain under the AMA Guides.
The Tribunal concluded the applicant suffered predominantly minor injuries, and having exhausted the MIG limits, he was not entitled to the disputed treatment plan or interest.
Application for income replacement and medical benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant was involved in a motor vehicle accident and sought income replacement benefits (IRB) and medical benefits beyond the Minor Injury Guideline (MIG) limit.
The respondent denied the benefits, arguing the injuries fell within the MIG.
The Tribunal found that the applicant's physical injuries were soft tissue in nature and fell within the MIG.
The applicant failed to provide sufficient medical evidence to prove a psychological injury that would warrant removal from the MIG.
Furthermore, the Tribunal found the applicant was not entitled to IRB because he continued to work post-accident and failed to establish a substantial inability to perform the essential tasks of his self-employment as a real estate agent.
The application was dismissed.
No co-appearing lawyers found.
No judges found.