2 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied various treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on chronic pain and psychological injuries.
The Tribunal found the applicant failed to prove chronic pain with a functional limitation.
Regarding psychological injuries, the Tribunal preferred the respondent's expert evidence, which relied on objective testing, over the applicant's expert, who used primarily subjective self-reporting tools.
The application was dismissed, and the applicant was held to the MIG.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limit.
The insurer denied funding for physical therapy and a chronic pain assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant sustained only minor soft tissue injuries and gave no weight to the applicant's expert reports diagnosing chronic pain and post-concussion syndrome due to outdated criteria and lack of qualifications.
The application was dismissed as the $3,500 MIG funding limit had been exhausted.
No co-appearing lawyers found.
No judges found.