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Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied a treatment plan for physiotherapy on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued she should be removed from the MIG due to pre-existing conditions, chronic pain, and psychological impairment.
The Tribunal found insufficient evidence of a documented pre-existing condition that would prevent maximal recovery.
Furthermore, the Tribunal preferred the respondent's multi-disciplinary independent medical examinations, which concluded the applicant's physical and psychological injuries were predominantly minor and did not cause significant functional impairment.
The application was dismissed.
No co-appearing lawyers found.
No judges found.