Ms. Sarvin Sabet

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

The respondent insurer initially limited the applicant to the Minor Injury Guideline (MIG) but removed her from the MIG and approved the disputed treatment plans shortly before the hearing.

The Tribunal found that the respondent had sufficient medical evidence, including a psychologist's report, to remove the applicant from the MIG months earlier.

The Tribunal held that the respondent's failure to adjust its position in light of this evidence was stubborn, unyielding, and unreasonable.

The applicant was awarded a special award of 40% of the delayed benefits, totaling $21,114.47, plus interest.