Mr. Bullard

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 Tribunal found that the applicant failed to prove she suffered from chronic pain or a psychological condition that would warrant removal from the MIG.

The Tribunal also dismissed the claim for an income replacement benefit, finding insufficient medical evidence to demonstrate a substantial inability to perform the essential tasks of her pre-accident employment.

The application was dismissed in its entirety.

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.

The Tribunal found that while the applicant met the medical test for pre-104 week IRBs due to chronic pain and adjustment disorder, they failed to provide the necessary financial documents, such as tax returns, to determine the quantum of the benefit.

The Tribunal also found that the applicant did not meet the more stringent post-104 week test of a complete inability to engage in suitable employment.

As no quantum could be determined, the application for IRBs and interest was dismissed.