Dr. Martins

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 for removal from the MIG based on psychological impairments and chronic pain.

The Tribunal found that the applicant failed to meet the evidentiary burden to prove a psychological impairment or chronic pain condition that would warrant treatment outside the MIG limits.

The application for disputed treatment plans and assessments was dismissed.

The appellant appealed an arbitration order denying his claim for ongoing income replacement benefits and chiropractic expenses following a motor vehicle accident.

The arbitrator had found that the appellant's inability to work as a carpenter was due to pre-existing, degenerative back and shoulder problems, rather than the accident.

On appeal, the Director's Delegate upheld the arbitrator's findings on causation and the denial of benefits, concluding there was no error of law and the findings were supported by the evidence.

However, a claim for other rehabilitation expenses that was inadvertently overlooked at arbitration was remitted for determination.