Dr. Zhao

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).

The applicant argued she should be removed from the MIG due to chronic pain and a pre-existing temporomandibular joint (TMJ) disorder.

The Tribunal found that the applicant failed to provide compelling medical evidence that her TMJ precluded recovery within the MIG.

Furthermore, the Tribunal rejected the chronic pain argument, noting that the applicant's reported daily activities, such as gardening and painting her house, were inconsistent with chronic pain causing functional impairment.

As the MIG limit was already exhausted, the claim for a $850 physiotherapy treatment plan was dismissed, along with claims for interest and an award.

The applicant sought reconsideration of a Tribunal decision denying medical benefits and post-104 week income replacement benefits.

The applicant introduced fresh evidence in the form of a psychiatric assessment by the respondent's own expert, which causally linked the applicant's severe alcohol use disorder and depression to the accident.

The Tribunal admitted the fresh evidence and found that the applicant sustained psychological impairments as a result of the accident.

Consequently, the Tribunal concluded the applicant suffered a complete inability to perform any occupation and awarded post-104 week income replacement benefits, as well as medical benefits for a psychological assessment and occupational therapy.

The request for personal training services was dismissed.