Dr. J. Enright

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

The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.

The applicant argued for removal from the MIG due to pre-existing conditions, psychological impairment, and chronic pain.

The Tribunal found that the applicant failed to provide compelling medical evidence that a pre-existing condition precluded recovery within the MIG.

The Tribunal gave minimal weight to the psychological and chronic pain assessments provided by the applicant, noting they lacked document review or referenced a prior accident.

The application was dismissed.