Dr. Qadeer

The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries fell outside the Minor Injury Guideline (MIG) due to a pre-existing condition, chronic pain, and psychological impairment.

The Licence Appeal Tribunal found the applicant failed to meet his onus.

The medical evidence did not establish that his pre-existing back and neck pain would prevent maximal recovery within the MIG.

Furthermore, the evidence did not support a diagnosis of chronic pain with functional impairment or a psychological impairment caused by the accident.

As the applicant's injuries were predominantly minor, he was not entitled to the disputed treatment plans which exceeded the remaining MIG limit, nor was he entitled to interest.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming his pre-existing injuries from a prior accident were exacerbated, warranting removal from the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal excluded the applicant's late-filed medical evidence and accepted the respondent's medical assessment, finding no compelling evidence that the pre-existing conditions precluded recovery within the MIG.

The application for a $5,812.75 treatment plan and interest was dismissed as the applicant remained subject to the MIG limits.