Dr. Pradeep J. Alexander

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

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

The applicant argued she should be removed from the MIG due to chronic pain, psychological impairments, and a pre-existing elbow injury.

The Tribunal found insufficient evidence that the applicant's pain significantly disrupted her daily activities, that her psychological complaints were more than mere sequelae, or that her pre-existing condition prevented maximal recovery within the MIG.

The Tribunal concluded the injuries were predominantly minor, dismissing the application for an orthopaedic assessment and interest.

The applicant was seriously injured in a motor vehicle accident and sought statutory accident benefits, including non-earner benefits, attendant care benefits, and medical/rehabilitation benefits.

The insurer terminated benefits based on insurer examinations concluding the applicant had reached maximum medical improvement.

The Tribunal found the applicant's ongoing pain and psychological impairments continuously prevented her from engaging in substantially all of her pre-accident activities, entitling her to non-earner benefits.

The Tribunal also determined the reasonable and necessary quantum of attendant care benefits and ordered a 5 percent award against the insurer for unreasonably delaying payment of medical and rehabilitation expenses.