Dr. John Peever

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

The applicant brought motions to admit late medical reports, which the Tribunal denied due to non-compliance with disclosure rules without sufficient explanation.

The respondent's request for costs regarding the motions was also denied.

On the substantive issues, the applicant argued his injuries should be excluded from the Minor Injury Guideline (MIG) due to a pre-existing bicep tear, chronic pain, and a concussion.

The Tribunal found the applicant failed to provide compelling medical evidence that his pre-existing condition prevented maximal recovery within the MIG limits.

The Tribunal also found the applicant did not meet the AMA Guides criteria for chronic pain and that his concussion-like symptoms were attributable to pre-existing vision issues rather than the accident.

Consequently, the applicant's injuries were deemed subject to the MIG, and his claims for additional medical benefits and interest were dismissed.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The respondent denied the claim on the basis that the application was submitted late without a reasonable explanation, and therefore denied a chiropractic treatment plan.

The Tribunal found that the applicant had a reasonable explanation for the delay, as she had separated from her husband and moved out of the home where the application forms were sent.

The Tribunal also found the chiropractic treatment plan to be reasonable and necessary, and awarded the medical benefit of $3,712.74 along with interest.