Dr. Mbongani Kabila

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

The insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG based on chronic pain and psychological impairment.

The Tribunal found the applicant's evidence of chronic pain and psychological impairment unpersuasive, as it was unsupported by contemporaneous medical records and contradicted by the insurer's examinations.

The Tribunal concluded the injuries were predominantly minor, the applicant remained subject to the MIG limit, and dismissed the application for the disputed treatment plans and interest.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs) and medical benefits outside the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal dismissed the application.

The Tribunal found the applicant was precluded from claiming IRBs due to the late submission of a disability certificate (OCF-3), which was provided over four years post-accident.

Furthermore, the Tribunal preferred the respondent's medical evidence, concluding the applicant sustained predominantly minor soft-tissue injuries and did not suffer from significant psychological impairments.

Consequently, the applicant remained subject to the $3,500 MIG limit, and the disputed treatment plans were deemed not reasonable and necessary.