Mr. Jag Dhirayain

The applicant sought statutory accident benefits following a motor vehicle accident, but the insurer denied further payments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been reached.

The applicant argued that his injuries were not predominantly minor due to psychological impairments, physical injuries including chronic pain, and pre-existing conditions.

The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from a psychological impairment, a non-minor physical injury, or a pre-existing condition that would prevent maximal recovery under the MIG.

Consequently, the applicant was not entitled to the disputed medical benefits and assessments.