Dr. M. Costa El-Hague

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer determined the injuries fell within the Minor Injury Guideline (MIG) and refused to fund certain treatment plans.

The applicant argued that pre-existing back pain and sciatica from prior accidents precluded her recovery within the MIG.

The Tribunal found no compelling evidence that the pre-existing conditions prevented recovery, noting objective medical evidence and inconsistencies in the applicant's self-reporting to assessors.

The Tribunal concluded the applicant sustained minor injuries, was subject to the $3,500 funding limit, and dismissed the claims for additional treatment and assessments as the limit was exhausted.

The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and various medical and rehabilitation benefits.

The adjudicator found that the applicant did not suffer a complete inability to carry on a normal life, as the applicant was able to live independently, care for a child, and maintain relationships.

The claims for most of the medical and rehabilitation benefits were dismissed because they were not reasonable and necessary, largely due to a lack of evidence of cognitive impairment.

However, one treatment plan for occupational therapy services to address psychological impairments and assist the applicant in obtaining a GED was approved.