Julia Kogut

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

The respondent denied certain treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG based on pre-existing conditions (Crohn's disease and knee pain), chronic pain, and psychological impairment.

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

The Tribunal also rejected the applicant's claims of chronic pain and psychological impairment, preferring the respondent's expert evidence.

The applicant was found to remain within the MIG and was entitled to the disputed treatment plans only up to the remaining $2,570.75 of the $3,500 MIG limit.

The respondent's request for costs was denied for failing to provide particulars.

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

The respondent insurer denied treatment plans for psychiatric, social work, and chronic pain assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal, arguing for removal from the MIG due to chronic pain and psychological injuries.

The Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain or psychological injuries caused by the accident, preferring the insurer's expert evidence over the applicant's.

As the applicant's injuries did not fall outside the MIG and the $3,500 funding limit was exhausted, the application was dismissed.