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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on musculoskeletal injuries, chronic pain, and psychological impairments, seeking approval for various treatment plans and assessments.
The Tribunal found that the applicant failed to provide compelling medical evidence to substantiate his claims, noting that his medical records sparsely mentioned the accident and lacked evidence of functional impairment or psychological complaints.
The Tribunal concluded the injuries were minor, dismissed the claims for treatment plans outside the MIG, and denied interest.
Applicant removed from Minor Injury Guideline due to psychological impairment; awarded treatment, IRBs, and accountant's report.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied medical and rehabilitation benefits, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant sustained a psychological impairment (Adjustment Disorder) that removed him from the MIG.
The Tribunal awarded the costs of a psychological assessment, psychological treatment, and physiotherapy.
The applicant was also awarded income replacement benefits for a limited period, the cost of an accountant's report to calculate self-employment income, and interest.
The claim for a special award under s. 10 of Regulation 664 was dismissed as the insurer's conduct was not unreasonable.
No co-appearing lawyers found.
No judges found.