Dr. Zdravkovic

The applicant sought statutory accident benefits following a motor vehicle accident.

The Tribunal found that the applicant's injuries, including mild carpal tunnel syndrome and psychological symptoms, were predominantly minor and subject to the Minor Injury Guideline (MIG) limit.

As the MIG limit was exhausted and the insurer's denial notices were compliant with s. 38(8) of the Schedule, the disputed treatment and assessment plans were denied.

The Tribunal awarded pre-104 week income replacement benefits (IRBs) in varying amounts, accounting for the applicant's post-accident employment income, but denied post-104 week IRBs as the applicant failed to prove a complete inability to engage in suitable employment.

A claim for a special award under s. 10 of Regulation 664 was also dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent insurer denied the benefits, 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 the aggravation of pre-existing conditions, including lower back pain and a left shoulder dislocation.

The Tribunal found that the applicant failed to provide compelling evidence that his pre-existing conditions prevented maximal recovery within the MIG limits, or that his chronic pain resulted in functional impairment.

As the MIG limits had already been exhausted, the disputed treatment plans for physiotherapy and chiropractic services were not payable.

The application was dismissed.