Dr. K. Spivak

The applicant, a pedestrian struck by a motor vehicle, sought statutory accident benefits for physical and psychological impairments.

The Licence Appeal Tribunal found that the applicant's injuries were predominantly minor and subject to the $3,500 limit under the Minor Injury Guideline (MIG).

The applicant failed to establish that chronic pain or psychological impairments warranted removal from the MIG.

Consequently, claims for physiotherapy, acupuncture, and a psychological assessment were dismissed.

A claim for medication expenses incurred in China was also dismissed for failing to comply with the Schedule's requirements.

The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits beyond the $3,500 Minor Injury Guideline (MIG) cap, claiming chronic pain and psychological impairments.

The Licence Appeal Tribunal found that the applicant failed to meet the onus of proving entitlement beyond the cap.

The Tribunal gave little weight to the applicant's psychological evidence, which was based solely on a telephone interview, and preferred the respondent's in-person psychological assessment.

The Tribunal concluded the applicant suffered predominantly minor injuries and dismissed the appeal.