The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several benefits, arguing the applicant's injuries fell within the Minor Injury Guideline and were subject to the $3,500 coverage limit.
The Tribunal found that the applicant's physical injuries were sprains and strains, which are defined as minor injuries.
The Tribunal preferred the psychological evidence indicating the applicant's psychological symptoms were subclinical and did not impair her function, supported by contemporaneous counselling records showing she maintained a normal, active lifestyle.
The Tribunal also rejected the argument that chronic pain removed the applicant from the minor injury limit, as there was no evidence of functional impairment.
Consequently, the claims for attendant care, treatment plans, and a non-earner benefit were dismissed.
