Dr. Shirleen McDowall

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

The Tribunal found the applicant failed to provide objective medical evidence of a pre-existing condition that would preclude recovery within the MIG, preferring the respondent's orthopedic assessment.

The Tribunal also accepted the respondent's psychological assessment, finding insufficient evidence of a diagnosable psychological condition.

As the injuries were deemed minor and the MIG limits were exhausted, the proposed treatment plans, an award for unreasonable delay, and interest were denied.