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Applicant subject to Minor Injury Guideline but entitled to limited period of income replacement benefits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The Tribunal found that the applicant's injuries were predominantly minor and subject to the Minor Injury Guideline (MIG) limit of $3,500, which had been exhausted.
The applicant failed to establish chronic pain or a psychological condition warranting removal from the MIG.
The Tribunal denied the disputed physiotherapy treatment plan.
However, the Tribunal found the applicant was entitled to income replacement benefits from November 6, 2020, to May 16, 2021, as she suffered a substantial inability to perform the essential tasks of her pre-accident employment during that period.
Claims for an award under s. 10 of Reg. 664 were dismissed.
Applicant's injuries held to be minor; partial income replacement benefits awarded for a closed period.
The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant did not suffer from chronic pain or a psychological condition that would warrant removal from the MIG, relying on the AMA Guides and the respondent's psychological assessment.
The applicant was denied funding for a physiotherapy treatment plan as the MIG limit was exhausted.
However, the Tribunal found the applicant was entitled to income replacement benefits for a closed period from the date of the accident until she returned to full-time work.
Claims for an award under s. 10 of O. Reg. 664 were dismissed, but interest was awarded on the overdue income replacement benefits.
No linked lawyers found.
No linked judges found.
