Dr. Svetlana Gabudulina

The applicant sought accident benefits following a motor vehicle accident, arguing his injuries warranted removal from the Minor Injury Guideline (MIG) due to pre-existing physical impairments, chronic pain, and psychological impairments.

The Licence Appeal Tribunal found the applicant failed to establish that his pre-existing right shoulder condition precluded recovery within the MIG, relying on an insurer's examination that found no residual impairment.

The Tribunal also rejected the chronic pain claim, noting the applicant continued to work and lacked functional impairment.

Finally, the Tribunal dismissed the psychological impairment claim, preferring the insurer's in-person assessments over the applicant's virtual assessment and self-reporting.

The application was dismissed, and the applicant remained subject to the MIG.