Pamela Li

The applicant sought accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she was barred from proceeding for failing to attend an insurer's examination.

The Tribunal found the applicant was not barred from proceeding because the respondent failed to prove notice of the examination was sent.

However, the Tribunal concluded the applicant's injuries were minor, as there was no compelling evidence that her pre-existing psychological conditions or back pain were exacerbated by the accident or precluded her recovery within the MIG limits.

As the MIG limit was exhausted, the application for a psychology assessment and other benefits was dismissed.