Dr. Tile

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to non-earner benefits and medical benefits for physiotherapy and acupuncture.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) based on an insurer's examination.

The Tribunal found that the applicant suffered from pre-existing psychological impairments and chronic pain that were worsened by the accident, removing her from the MIG.

The Tribunal preferred the evidence of the applicant's experts and her own sworn affidavit over the insurer's assessor, who had not been provided with the applicant's complete medical history.

The Tribunal awarded the non-earner benefits and the physiotherapy treatment plans as reasonable and necessary, but denied the acupuncture claim because it was not properly submitted via an OCF-18.

The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits and a physiotherapy treatment plan.

The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that he did not suffer a substantial inability to perform his pre-accident employment.

The Tribunal found that the applicant sustained predominantly minor soft tissue injuries and failed to provide compelling evidence to remove him from the MIG.

As the $3,500 limit was exhausted, the physiotherapy claim was denied.

The Tribunal also dismissed the claim for income replacement benefits, preferring the detailed reports of the respondent's assessors over the applicant's initial disability certificate.

The respondent's claim for costs was dismissed.