Jonah Pataki

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit and a physiotherapy treatment plan outside the Minor Injury Guideline (MIG).

The respondent denied the benefits.

The Tribunal found that the applicant failed to prove her soft tissue injuries warranted removal from the MIG, noting she had returned to her pre-accident activities in a reduced capacity.

The Tribunal also dismissed the claim for a non-earner benefit, finding no complete inability to carry on a normal life.

The application was dismissed.

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

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

The Tribunal found that the applicant's soft-tissue injuries were predominantly minor and that he failed to establish that pre-existing conditions or accident-related chronic pain warranted removal from the MIG.

The Tribunal also dismissed the claim for a non-earner benefit, finding the applicant had resumed substantially all of his pre-accident activities.

As the MIG limits were exhausted, the disputed treatment plans and claims for interest were also dismissed.