Dr. Gary Gerber

The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including treatment plans for chiropractic, occupational therapy, dietician, dental, and physiotherapy services, as well as an in-home functional assessment.

The respondent denied the benefits.

The Tribunal found that the applicant failed to prove on a balance of probabilities that the proposed treatment plans were reasonable and necessary, noting a lack of contemporaneous and corroborating medical evidence.

The claims for interest and an award for unreasonable delay were also dismissed.

The application was dismissed in its entirety.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).

The applicant argued she should be removed from the MIG due to chronic pain and a pre-existing temporomandibular joint (TMJ) disorder.

The Tribunal found that the applicant failed to provide compelling medical evidence that her TMJ precluded recovery within the MIG.

Furthermore, the Tribunal rejected the chronic pain argument, noting that the applicant's reported daily activities, such as gardening and painting her house, were inconsistent with chronic pain causing functional impairment.

As the MIG limit was already exhausted, the claim for a $850 physiotherapy treatment plan was dismissed, along with claims for interest and an award.