The applicant was injured in a motor vehicle accident and sought medical benefits and the cost of a psychological assessment from the respondent insurer.
The insurer denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) limit of $3,500.
The Tribunal found that the applicant's injuries did not fall within the MIG because the accident caused an exacerbation of her pre-existing bi-compartmental knee osteoarthritis, which was not predominantly a minor injury.
However, the Tribunal denied the claims for chiropractic services, finding them not reasonable and necessary as they were not directed at the knee impairment.
The Tribunal granted the claim for a psychological assessment, finding it reasonable and necessary given the applicant's pre-existing mental health issues and the knee diagnosis.
The applicant was also awarded interest on the overdue payment for the assessment, but her request for costs was denied.
