The applicants, a mother and minor child, sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied certain treatment plans on the basis that the applicants' injuries fell within the Minor Injury Guideline (MIG).
The applicants argued they should be excluded from the MIG due to pre-existing conditions (prior accident injuries, scoliosis), psychological impairments, and chronic pain syndrome.
The Tribunal found that the applicants failed to provide compelling medical evidence that their pre-existing conditions prevented maximal recovery within the MIG, or that their psychological issues and chronic pain were caused by the subject accident and warranted removal from the MIG.
The Tribunal concluded that the injuries were predominantly minor, no benefits were payable, and denied the claims for interest, a special award, and costs.
