Sarah Lee

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

The respondent insurer denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's documented pre-existing lower back and bilateral knee conditions precluded maximal medical recovery within the MIG, removing him from its limits.

The Tribunal approved treatment plans for chiropractic services, medical devices, and a functional ability assessment, finding them reasonable and necessary.

However, treatment plans for an attendant care assessment and a psychological assessment were denied for lack of compelling medical evidence.

The Tribunal also ordered the respondent to pay a special award of $1,714.36 under s. 10 of Regulation 664, finding that the insurer unreasonably withheld benefits by ignoring the pre-accident medical evidence.

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

The respondent determined the applicant's injuries fell within the Minor Injury Guideline (MIG) and denied several treatment plans as the $3,500 limit was exhausted.

The applicant argued for removal from the MIG based on chronic pain and psychological impairment.

The Tribunal found insufficient medical evidence to support chronic pain or a psychological impairment, noting the applicant's physical injuries were predominantly soft-tissue and had largely resolved.

The Tribunal concluded the applicant remained within the MIG, dismissing the claims for treatment plans, interest, and an award.

The respondent's request for costs due to late submissions was also denied.

The applicant was injured in a rear-end motor vehicle accident and sought Non-Earner Benefits (NEB) under the Statutory Accident Benefits Schedule.

The respondent denied the NEB, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and she did not suffer a complete inability to carry on a normal life.

The Tribunal found that the applicant's injuries were predominantly soft tissue injuries falling within the MIG.

Relying on Independent Medical Examinations and the applicant's family physician's clinical notes, the Tribunal concluded the applicant failed to meet the burden of proving a complete inability to carry on a normal life.

The application for NEB and interest was dismissed.