Margaret Ramsay

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a non-earner benefit and various treatment plans for chiropractic and psychological services.

The respondent denied the benefits.

The Licence Appeal Tribunal found that the applicant suffered a complete inability to carry on a normal life due to chronic pain and psychological impairments, entitling her to the non-earner benefit for the maximum 104-week period.

The Tribunal also partially approved several treatment plans for physical rehabilitation, acupuncture, and a psychological assessment, finding them reasonable and necessary.

Claims for an award under s. 10 of Reg. 664 were dismissed, but interest on overdue benefits was granted.

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

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

The applicant argued that a pre-existing condition and chronic pain warranted removal from the MIG.

The Tribunal found that the applicant failed to establish a nexus between his pre-existing conditions and the accident-related injuries, and failed to demonstrate functional impairment from chronic pain, noting he had returned to full-time work and reported no longer experiencing pain.

As the MIG limits were exhausted, the claims for attendant care and physiotherapy were dismissed, along with claims for interest and a section 10 award.