Dr. Minnella

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

The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guidelines (MIG).

The applicant argued that chronic pain, psychological symptoms, and pre-existing chest pain excluded him from the MIG.

The Tribunal found that the applicant's physical injuries were predominantly minor (sprains and strains) and that the evidence of psychological impairment and chronic pain was unreliable.

Furthermore, there was no compelling evidence that the applicant's pre-existing chest pain prevented maximal recovery within the MIG limits.

The application for benefits, interest, and a special award was dismissed.

The respondent insurer requested a reconsideration of a Tribunal decision that removed the applicant from the Minor Injury Guideline (MIG) due to chronic pain.

The respondent argued the Tribunal made significant errors of fact and law regarding the applicant's shoulder pain, participation in treatment, and functionality.

The Vice-Chair found that while the Tribunal did err in attributing the applicant's shoulder pain to the accident and in its analysis of his functionality, these errors would not have changed the ultimate decision.

The medical evidence, including reports from the respondent's own assessor, supported a finding of chronic pain in the applicant's neck and lower back that negatively affected his ability to work.

The request for reconsideration was dismissed.