Dr. Khetani

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

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

The applicant argued she should be removed from the MIG due to a pre-existing condition of mild scoliosis and chronic pain with a functional impairment.

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

Furthermore, applying the AMA Guidelines, the Tribunal concluded the applicant did not suffer from chronic pain with a functional impairment, as she remained independent in her activities of daily living and continued to work.

As the applicant remained within the MIG limit, the disputed treatment plans were not assessed for reasonableness and necessity.

The application was dismissed.