Dr. James Kenneth Stewart, M.D.

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

The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found the applicant suffered from chronic pain with functional impairment, warranting removal from the MIG.

The Tribunal awarded an income replacement benefit (IRB) for the pre-104 week period, finding the applicant suffered a substantial inability to perform the essential tasks of her employment as a general labourer.

The Tribunal also approved treatment plans for psychological services and assessments, but denied plans for chiropractic and massage therapy.

Interest was awarded on overdue benefits.

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

The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant failed to meet the burden of proving that his physical or psychological injuries warranted treatment outside the MIG.

Relying on the respondent's insurer's examinations, the Tribunal concluded the injuries were predominantly minor.

The claims for disputed treatment plans and interest were dismissed.