Dr. P. J. Robinson

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and a psychological assessment.

The respondent insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 funding limit.

The Licence Appeal Tribunal found that the applicant sustained predominantly minor soft tissue injuries and failed to provide compelling evidence of a psychological injury that would warrant removal from the MIG.

The Tribunal preferred the respondent's psychological assessments, which reviewed the full medical file, over the applicant's assessment, which lacked a review of the family physician's clinical notes.

The application for benefits and interest was dismissed.