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Application for accident benefits dismissed; applicant failed to prove impairments warranted removal from Minor Injury Guideline.
The applicant sought accident benefits following a rear-end motor vehicle collision.
The respondent denied a treatment plan for physiotherapy, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit was exhausted.
The applicant argued she should be removed from the MIG due to accident-related chronic pain and psychological impairment.
The Tribunal found the applicant failed to prove causation, noting significant pre-accident medical history, including gender transition surgery that carried a risk of chronic pain, and pre-existing mental health issues.
The applicant's expert reports were given little weight because the assessors were unaware of her full medical history.
The application was dismissed.
No co-appearing lawyers found.
No judges found.