Dr. Fuller

The applicant sought medical and rehabilitation benefits, as well as a non-earner benefit, following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she did not meet the test for a non-earner benefit.

The Tribunal found that the applicant failed to prove her chronic pain was not a sequelae of her soft tissue injuries, and failed to provide compelling evidence of a pre-existing condition that would prevent maximal recovery within the MIG.

The Tribunal also found the applicant did not suffer a complete inability to carry on a normal life, as she continued to engage in many of her pre-accident activities.

The application was dismissed.