Dr. Huang

The applicant sought statutory accident benefits following a motor vehicle accident, claiming her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain, fibromyalgia, depression, and PTSD.

The Tribunal found the applicant's injuries were predominantly minor, noting a lack of objective medical evidence and rejecting expert opinions that were outside their scope of expertise or unsupported by evidence.

The Tribunal also found no compelling evidence of a pre-existing condition that would prevent maximal recovery under the MIG.

Consequently, the applicant was subject to the $3,500 MIG limit and was not entitled to the disputed costs of examinations or interest.

The applicant was injured while attempting to board a bus and claimed statutory accident benefits for medical and housekeeping expenses.

The insurer paid benefits for a few months but denied further claims.

At arbitration, the arbitrator found the applicant and his witnesses lacked credibility due to significant inconsistencies regarding his employment status and the extent of his impairment.

Relying on the insurer's medical experts, who found symptom magnification and no objective evidence of ongoing impairment or chronic pain syndrome, the arbitrator dismissed the claims for ongoing medical and housekeeping benefits, as well as the claim for a special award.