Drs. Ilios and Shaul

The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits from the respondent insurer.

The insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the treatment plans were not reasonable and necessary.

The Licence Appeal Tribunal found that the applicant's physical injuries were predominantly minor and that she failed to prove on a balance of probabilities that she suffered from chronic pain or a psychological impairment that would warrant removal from the MIG.

As the applicant had exhausted the $3,500 MIG limit, the application for further benefits and interest was dismissed.

The applicant sought medical and rehabilitation benefits following a motor vehicle accident.

The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that chronic pain and psychological impairments removed him from the MIG.

The Tribunal found that the applicant failed to provide compelling medical evidence of functional impairment from chronic pain or a psychological impairment, preferring the respondent's s. 44 psychological assessment.

As the applicant's injuries were predominantly minor and the MIG funding was exhausted, the application for further benefits and interest was dismissed.