Dr. V. John

The applicant was involved in a motor vehicle accident and sought funding for chiropractic treatment plans.

The respondent denied the benefits 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 her consistent headaches and neck/back pain warranted removal from the MIG.

The Tribunal found that the medical evidence, including reports from a neurologist and physiatrist, supported a diagnosis of tension/cervicogenic headaches and neck/back strains, which fall under the definition of a minor injury.

The applicant failed to establish on a balance of probabilities that her injuries warranted removal from the MIG.

As the MIG limit was exhausted, the treatment plans and claim for interest were dismissed.

The applicant sought non-earner benefits and medical benefits following a motor vehicle accident.

The insurer denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant sustained a minor injury and did not suffer a complete inability to carry on a normal life.

However, because the insurer failed to comply with the notice provisions under sections 36 and 38 of the Schedule, the applicant was awarded non-earner benefits for the period of non-compliance (January 18 to April 30, 2019) and an attendant care assessment plan incurred during the period of non-compliance.

The remaining assessment plans were denied as not reasonable and necessary, and the claim for an award was dismissed.

The applicant was injured in a rear-end motor vehicle accident and sought medical benefits under the Statutory Accident Benefits Schedule.

The respondent denied the benefits 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 diagnoses of a rotator cuff injury, chronic pain syndrome, and psychological injuries removed them from the MIG.

The Tribunal found that the applicant suffered predominantly minor soft tissue injuries and that the medical evidence did not support a diagnosis of chronic pain syndrome or a psychological injury.

As the applicant had exhausted the MIG funding limit, the claims for additional medical benefits and interest were dismissed.