Neha Saxena

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

The respondent insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and later moved to bar the application under s. 55(1)2 of the Schedule for failure to attend insurer's examinations.

The Tribunal found the application was not barred because the insurer's notice lacked adequate reasons.

On the merits, the Tribunal concluded the applicant's psychological issues, including severe depression, pre-dated the accident and that the accident itself was a suicide attempt.

Consequently, the applicant failed to prove he sustained a psychological impairment caused by the accident or that a pre-existing condition prevented his recovery under the MIG.

The application for psychological benefits, an award, and interest was dismissed.