Mr. Peter Ramos

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits and medical benefits beyond the Minor Injury Guideline (MIG) due to psychological impairments.

The Tribunal found that the applicant failed to establish a psychological impairment warranting removal from the MIG, preferring the respondent's expert evidence which noted credibility issues and inconsistent effort during testing.

The Tribunal also dismissed the claim for income replacement benefits, finding insufficient medical evidence to prove a substantial inability to perform the essential tasks of the applicant's pre-accident employment as a window packer.

All claims, including those for disputed treatment plans and interest, were dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer denied income replacement benefits, a medical benefit, and the cost of a psychological assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant's injuries were not minor, as he suffered from a psychological impairment and chronic pain syndrome that could not be treated within the $3,500 MIG limit.

The Tribunal awarded income replacement benefits up to the 104-week mark, finding the applicant suffered a substantial inability to perform the essential tasks of his pre-accident employment.

The Tribunal also awarded the cost of a psychological assessment but denied the remaining balance for a physiotherapy treatment plan because the massage therapy rate exceeded the FSCO guideline limit.