2 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limit.
The applicant sought accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed entitlement to a $2,260.00 treatment plan for psychological services, arguing that pre-existing anxiety and chronic pain removed her from the MIG.
The Tribunal found that the applicant's physical injuries were soft-tissue in nature and that she failed to establish a nexus between her pre-existing anxiety or chronic pain and the accident.
As the $3,500.00 MIG limit was already exhausted, the treatment plan was not payable and the application was dismissed.
Applicant's psychological injuries removed them from the Minor Injury Guideline, but ongoing income replacement benefits were denied.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.
The respondent denied ongoing income replacement benefits (IRBs) and took the position that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant was not entitled to IRBs beyond August 3, 2016, as medical evidence did not establish a substantial inability to perform the essential tasks of their pre-accident employment.
However, the Tribunal determined that the applicant suffered psychological injuries, including driver and passenger phobia and a depressive disorder, which removed them from the MIG.
Consequently, the disputed psychological assessment and the treatment plan for chiropractic, massage, and physiotherapy were deemed reasonable and necessary and were approved with interest.
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