Dr. Syed Hosseini

The applicant was involved in a motor vehicle accident and sought statutory accident benefits.

The insurer denied benefits and closed the file after the applicant failed to submit the application within 30 days.

The Tribunal found the applicant had a reasonable explanation for the delay, as she was receiving in-patient treatment for severe alcohol use disorder and withdrawal symptoms.

On the substantive issues, the Tribunal held that the applicant failed to prove her pre-existing conditions prevented her from achieving maximal recovery within the Minor Injury Guideline (MIG).

Relying on the insurer's section 44 physiatry report, the Tribunal concluded the applicant's injuries were predominantly minor.

As the applicant remained within the MIG, the disputed treatment plans were not considered, and claims for interest and a special award were dismissed.

The applicant sought medical benefits following a rear-end motor vehicle accident.

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

The Tribunal found that the applicant's physical injuries were soft tissue in nature and predominantly minor.

Regarding psychological impairments, the Tribunal preferred the respondent's expert evidence over the applicant's expert, noting issues with the applicant's self-reporting and a lack of objective evidence supporting an accident-related psychological condition.

The Tribunal concluded the applicant's impairments remained within the MIG, and since the $3,500 limit was exhausted, the claims for further medical benefits were dismissed.