Dr. Hossein

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

The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that pre-existing migraines and wrist pain, as well as psychological impairments, removed him from the MIG.

The Tribunal found that the applicant failed to provide compelling evidence that his pre-existing conditions would prevent maximal recovery under the MIG limits.

Furthermore, the applicant was precluded from relying on his psychological assessment to escape the MIG because he failed to attend the scheduled section 44 insurer's examinations.

The application for medical benefits, interest, and a special award was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, which the respondent denied on the basis that the injuries fell within the Minor Injury Guideline.

The Tribunal found that the applicant's psychological impairments, including adjustment disorder and specific phobia, removed her from the Guideline.

The Tribunal preferred the evidence of the applicant's psychologist over the respondent's assessor, noting the respondent's own testing showed the applicant tended to minimize her distress.

The Tribunal awarded the costs of examinations for psychological and chronic pain assessments, along with interest, but denied the claims for physiotherapy treatment plans as the applicant failed to prove they were reasonable and necessary.

The claim for costs was also denied.