Mursal Srosh

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

The respondent denied various physiotherapy and psychological treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant failed to establish that a pre-existing knee condition or a psychological impairment warranted removal from the MIG.

As the applicant's injuries were predominantly minor, the disputed treatment plans were not reasonable and necessary, and no interest was payable.

The applicant sought payment for a neurological assessment and the disputed balance of a driving evaluation assessment following a motor vehicle accident.

The Tribunal found the neurological assessment was not reasonable and necessary, as the insurer's examination concluded injuries were soft tissue in nature and the applicant provided no corroborating expert evidence.

For the driving evaluation assessment, the Tribunal allowed the cost of preparation services but denied the costs for mental health counselling (which duplicated an earlier psychological assessment) and the treatment provider's mileage (which is not payable under the Schedule).