Dr. Jon Mills

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

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

The Tribunal found that the applicant's physical injuries were predominantly minor and that he failed to provide compelling evidence of a pre-existing condition that would preclude maximal recovery within the MIG limits.

The Tribunal also preferred the evidence of the respondent's psychological expert, finding that the applicant did not suffer from a psychological impairment that would remove him from the MIG.

As the applicant's injuries were confined to the MIG, the disputed benefits exceeding the $3,500 cap were denied.

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

The central issue was whether the applicant's injuries fell within the Minor Injury Guideline (MIG), which caps benefits at $3,500.

The applicant argued that psychological impairments and chronic pain syndrome removed him from the MIG.

The Tribunal found that the applicant failed to prove a psychological injury, preferring the insurer's psychological assessment over the applicant's due to inconsistencies in the applicant's self-reporting.

While the Tribunal accepted that the applicant suffered from chronic pain syndrome, it concluded that the chronic pain symptoms were clinically associated sequelae to his minor soft-tissue injuries, and therefore fell within the MIG definition.

Consequently, the applicant's claims for various treatment and assessment plans were denied as the $3,500 limit applied.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRB).

The insurer terminated the benefits, arguing the applicant did not meet the test for entitlement.

The Tribunal found that the applicant was employed as a school bus driver at the time of the accident and that the accident caused her right shoulder and back pain.

Preferring the evidence of the applicant's physiatrist over the insurer's, the Tribunal concluded that the applicant's physical limitations rendered her substantially unable to perform the essential tasks of her employment, specifically driving a school bus for extended periods.

The applicant was awarded a weekly IRB of $292.46.