1 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline funding limit.
The applicant sought accident benefits following a motor vehicle collision.
The respondent denied a chiropractic treatment plan and a chronic pain assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.
The applicant argued that pre-existing low back pain, psychological impairments, and chronic pain removed him from the MIG.
The Tribunal found that the applicant failed to provide compelling medical evidence of a pre-existing condition that would prevent maximal recovery within the MIG limits.
Furthermore, the Tribunal gave little weight to the orthopaedic surgeon's recording of self-reported psychological symptoms and found insufficient evidence to establish chronic pain.
As the injuries were predominantly minor and the funding limit was exhausted, the application was dismissed.
No co-appearing lawyers found.
No judges found.